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Full text of "Records of the Sheriff Court of Aberdeenshire. Edited by David Littlejohn"

Presented to 



library 



or tbe 



of Toronto 



Mr. Murray Garden 



Sheriff Court of Aberdeenshire. 



Only 500 Copies printed. 
No. 



Records 

of the 

Sheriff Court of flbcraeensDire 



Edited by 

David Littlejohn, LL.D. 

Advocate in Aberdeen 
Sheriff Clerk of Aherdcenshire 



Vol. I. 
Records prior to 1600 



Aberdeen 
Printed for the New Spalding Club (> 



M cm iv ^ 






flew Spacing Club. 



The Spalding Club founded 231-3 December, 
The New Spalding Club reconstituted nth November, 1886. 

patron : 
HIS MAJESTY THE KING. 

19O3-4. 



preefbent : 
THE EARL OF ABERDEEN, G.C.M.G., LL.D. 



THE DUKE OF RICHMOND AND GORDON, C.B. 

THE DUKE OF FIFE, K.T., G.C.V.O. 

THE MARQUIS OF HUNTLY, LL.D. 

THE EARL OF STRATHMORE. 

THE EARI. OF SOUTHESK, K.T., LL.D. 

THF, EARL OF KINTORR, G.C.M.G., LL.D. 

THE EARL OF ROSEBERY, K.G., K.T., LL.D. 

THE LORD FORBES. 

THE LORD SALTOUN. 



RT. HON. TAMES A. CAMPBELL of Stracathro, 

M.P., LL.D. 

THE LORD PROVOST OF ABERDEEN. 
SIR JOHN F. CLARK, of Tillypronie, Bart., LL.D. 
SIR GEORGE REID, R.S.A., LL.D. 
*COLONEL JAMES ALLARDYCE of Culquoich, 

LL.D. 

William Ferguson of Kin mundy, LL.D., deceased. 
EMERITUS PROFESSOR DAVID MASSON, LL.D. 



fltembers of Council : 



W. Bruce Bannerman, Croydon. 
"John Bulloch, Aberdeen. 

Sir Thomas Burnett, of Leys, Bart. 

The Right Rev. Bishop Chisholm, D.D., LL.D., 
Aberdeen. 

The Rev. Professor James Cooper, D.D. , Glasgow. 
"Patrick Cooper, Advocate, Aberdeen. 
"William Cramond, LL.D., Cullen. 

Peter M. Cran, City Chamberlain, Aberdeen. 

Professor W. L. Davidson, LL D. , Aberdeen. 

William Dunn of Murtle. 

John Philip Edmond, Edinburgh. 

James Ferguson of Kinmundy. 
"Alexander Forbes, Aberdeen. 

Alexander M. Gordon of Newton. 

Henry Wolrige-Gordon of Esslemont. 

John A. Henderson, Cults. 

Sir William Henderson, LL.D., deceased. 

Colonel Thomas Innes of Learney, C.V.O., LL.D. 



Colonel W. Johnston of Newton Dee, C.B., M.D. 

J. F. Kellas Johnstone, London. 

The Rev. William Forbes Leith, S.J., Boscombe. 
"David Littlejohn, LL.D., Sheriff-Clerk, Aberdeen. 
"Peter Duguid-M'Combie of Easter Skene. 

The Rev. John G. Michie, deceased. 
'Alexander M. Munro, Aberdeen. 

Robert S. Rait, Oxford. 

Alexander Ramsay, LL.D., Banff. 
'Alexander W. Robertson, Banchory. 
*The Rev. James Smith, B.D., Aberdeen. 

Sir David Stewart of Banchory, LL.D. 
* Professor C. Sanford Terry, Aberdeen. 
*George Walker, Aberdeen. 

Robert Walker, University of Aberdeen. 

John Forbes White, LL.D., deceased. 
"John Dove Wilson, LL.D., Aberdeen. 

Robert M. Wilson of Tarty, M.D. 



Secretary : 
"PETER JOHN ANDERSON, University Library, Aberdeen. 

"Crensurer : 
*FARQUHARSON TAYLOR GARDEN, 18 Golden Square, Aberdeen. 

HuMtore : 
WILLIAM MILNE, C.A., Aberdeen ; ANDREW DAVIDSON, C. A., Aberdeen. 



* Members of Executive Committee. 



Preface 

The Club owe the inception of this volume to the recruiting 
zeal and persuasiveness of their Secretary. There was some 
talk, a few years ago, of the production, under the auspices of the 
Club, of the records of the Fiars Courts of the County. After a 
beginning had been made with that end in view, Mr. Anderson 
said to the writer, " The Fiars will not make a book. Why not 
attack the whole records of the Sheriff Court ? " In a moment of 
weakness the writer agreed to try, and after learning to read the 
older books, went through the Books of Court (not the Registers) 
from 1503 to 1800, making notes and extracts by the way. It 
was found necessary, however, to confine the first volume to the 
half dozen books dating from the i6th century, and the volume 
now issued is the result. No responsibility attaches to the writer 
for the value or otherwise of the contents. Nothing could be 
produced except what was in the originals. For arrangement, 
selection, and accuracy, he fears he must accept responsibility : 
but is confident that, whether he has done well or ill in these 
respects, he can rely upon being judged, not as an expert, but as 
a tyro in this field. 

Many friends and professional brethren have been kindly and 
sympathetic, and the writer desires to thank them all. He desires 
specially to acknowledge the generous encouragement and sym- 
pathy of the Sheriff of the County, Mr. Donald Crawford, K.C., 
himself the contributor of a valuable volume to the Scottish 
History Society. His warm thanks are also due to Mr. A. M. 
Munro, F.S.A. (Scot.), who helped the writer over many a stile. 
It is very difficult to find adequate terms to express the writer's 



Vll 



Preface 

deep indebtedness to Mr. P. J. Anderson, the Secretary of the 
Club, whose never-failing patience he has sorely tried, but 
without the aid of whose counsel and experience the task would 
long ere now have been entirely abandoned. 

Of the many printed books which have been consulted in 
piecing together the second part of the volume, none have been 
more useful than the issues of the old Club, and especially those 
which it owed to that pioneer and master in the field of local 
antiquarian research, the late Dr. Joseph Robertson. 

D. L. 



Vlll 



Table of Contents 



PAGE 

Introduction xiii. 

PART I. RECORDS PRIOR TO 1600. 

Diet Books, Vol. I., 1503-11 i 

Do., do., Table of Contents 5 

Do., do., Illustrative Examples : 

Actions of Spuilzie 47 

Deforcements .......... 63 

Lawburrows .......... 68 

Violent Occupation ......... 73 

Apprisings .......... 80 

Assignations of Land for Teind, &c. ..... 87 

Breach of Arrestment 88 

Complaints against officers ....... 89 

Criminal Charges 89 

Wappinschaw 100 

Obligations and Contracts 100 

Royal Exemptions 105 

Forest of Birse .......... 106 

Brieves of Tutory . . . . . . . . .107 

Appointments of Officials no 

Special Services 112 

Court of the Dawane 117 

Diet Books, Vol. II., 1557-60 119 

Do., do., Table of Contents 121 

Do., do., Illustrative Examples : 

Actions of Spuilzie . . 149 

Advocations to Court of Session 163 

Heritable Rights 170 



Aberdeenshire Sheriff Court : 

Diet Books, Vol. II., Illustrative Examples (contd.) : PAGE 

Occupancy of Land 179 

Breach of Arrestment . . . . . . . .186 

Fining of Jurors ...... . . 186 

Sederunt of Head Court . . . . . . . .188 

Miscellaneous . . . . . . . . . .189 

Diet Books, Vol. III., 1573 (4)-76 191 

Do., do., Table of Contents ...... 193 

Do., do., Illustrative Examples : 
Action of Spuilzie . . . . . . . . .255 

Action of Wrongous Intromission ...... 256 

Heritable Rights ......... 259 

Occupancy of Land ......... 265 

Services of George, Earl of Huntly ...... 282 

Dispensation for Service ... .... 288 

Dispensation for holding a Court 289 

Revocation of Deeds 290 

Sederunt of Head Court . . . . . . . .291 

Diet Books, Vol. IV., 1584 . 293 

Do., do., Table of Contents 295 

Do., do., Illustrative Examples : 

Heritable Rights 317 

Occupancy of Land 322 

Miscellaneous 324 

The Court Books 325 

Diet Books, Vol. V., 1595-96 . . .... 327 

Do., do., Table of Contents 329 

Do., do., Illustrative Examples : 

Occupancy of Land 365 

Verbal Bond in Court .... . 366 

Sederunt of Head Court 367 

Criminal Charges 369 

Giving of Sasine. Sasine Ox 371 



Table of Contents 

Diet Books, Vol. V., Illustrative Examples (contd.) : PAGE 

Seaton and Don Fishings 371 

Commissioners to Parliament ....... 372 

Bridge of Don .......... 373 

Decree Books, Vol. I., Part I., 1597-99 ...... 375 

Do., do., Table of Contents .... 377 

Do., do., Illustrative Examples : 

Admission of Sheriff-Clerk ....... 387 

Prices in 1597 . 388 

PART II. OFFICIALS PRIOR TO 1600. 

The Sheriffs . . 393 

The Sheriffs-depute 430 

The Sheriff Clerks . . . . . . . . . . 464 

The Procurators Fiscal . . . . . 476 



General Introduction 

It has been suggested by the Secretary of the Club that 
besides writing, according to use and wont, a few introductory 
sentences dealing with the contents of the volume which follows, 
the writer should endeavour to give some information to the 
members of the Club regarding the whole existing Records in the 
custody of the Sheriff Clerk. In accordance with this view, and 
as a suitable way of giving effect to it, it may be convenient to 
divide the introduction into three separate heads, viz. : 

The whole existing Records. 

The six Books of Court dealt with in this volume. 

The Officials of Court, 1221-1600. 

The Whole Existing Records. 

A List or Inventory of the contents of the Record Hall of 
the Sheriff Court of the County of Aberdeen was printed in 1890 
[Mr. P. J. Anderson's Charters relating to the Burgh of Aber- 
deen, pp. 425-432]. It is proposed to supplement that List by 
some description, more or less general, of the contents of the 
Record Hall, or, in other words, to put a little flesh on the dry 
bones. 

Mr. Anderson's Inventory was based upon an Inventory 
and Report of 1852, but several earlier Inventories have been 
found. Of these, three refer exclusively to the Sheriff and two 
to the Commissary Court. The earliest of the Sheriff Court 
Inventories is dated 1764. In that year John Gordon of Craig, 
having received a commission from the Honble. Andrew Fletcher 



Aberdeenshire Sheriff Court: 

of Milton, one of the Senators of the College of Justice, and 
Keeper of the Signet in Scotland, appointing him Sheriff Clerk 
in conjunction with John Durno, Advocate in Aberdeen, applied 
to the Sheriff to arrange for their taking over, under judicial 
authority, from George and Robert Turner, the retiring Clerks, 
the whole records of the Court. The Sheriff granted a warrant 
for this being done, and a very elaborate Inventory, extending to 
upwards of 420 pages was compiled. At the end of the Inventory 
there is a receipt by Gordon for himself and Durno, for all that 
had been delivered to them, and an obligation by the retiring 
Clerks to relieve their successors of any responsibility for such 
writs as had not been found. A list of the missing documents 
from 1700 to the date of the Inventory is contained on the first 
five pages of it, and a complete list of extracted and unextracted 
decrees and warrants from 1 700 follows, covering some 400 pages. 
After these is a list of Bail Bonds and cognate writings extending 
to 10 pages, while 3 pages contain all the Books of Court men- 
tioned. No book of an earlier date than 1630 is mentioned, and 
the examination of writings and processes was specially limited to 
the year 1700 and succeeding years. To investigators, this 
Inventory is of no practical value, inasmuch as extremely few of 
the names are followed by designations. 

This brings us to the second Inventory. 

On ist January, 1808, Mr. Thomas Thomson, Depute Clerk 
Register, and sub-commissioner under the Commissioners on the 
Public Records of the Kingdom, called upon the Sheriff Clerk of 
Aberdeenshire to prepare and furnish a general Inventory of the 
Records under his charge. The part of Mr. Thomson's letter 
referring to this was in the following terms : " In pursuance of 
an order of the Right Honourable His Majesty's Commissioners 
on the Public Records of the Kingdom, I have to desire that you 



XIV 



General Introduction 

will forthwith prepare an exact General Inventory of the Records 
under your custody and care, distinguishing the several sorts of 
Records from one another ; and exhibiting in a distinct series, the 
volumes, books, or bundles, of each sort that are preserved in 
your office. To enable you the more clearly to understand the 
nature of this Inventory, and at the same time to facilitate the 
execution of the work, there are herewith sent to you schedules or 
forms, in regular columns, which you are to fill up with the neces- 
sary numbers and dates ; and, in the column entitled " Remarks," 
you are to mention such circumstances as may be requisite for 
understanding the present state of each volume, i.e., as to its 
regularity of compilation, its completeness, preservation, binding, 
and whatever else you may yourself consider as deserving of 
notice." 

From the Sheriff Clerk's letter, forwarding his schedule and 
report, we quote the following : " In answer to your letter of the 
ist curt, desiring me to prepare an exact general Inventory of 
of the Records under my custody and care, distinguishing the 
several sorts of Record from one another, and exhibiting in a dis- 
tinct series the volumes, books, or bundles of each sort that are 
preserved in my office, I have to state that, in the year eighteen 
hundred, a report was made by me in consequence of an order of 
a committee of the House of Commons, of date the twenty-eighth 
of February, signed by Charles Abbot, Esquire, specifying the 
exact state of the different Records under the charge of the 
Sheriff Clerk in this County, to which report I beg leave now to 
referr, as the same answers in many points the enquiry now made. 

I have, however, agreeably to your directions, filled up in the 
enclosed schedules sent me, and herewith send you the same with 
such remarks as occurred to me to be requisite and proper 
therein." 



XV 



Aberdeenshire Sheriff Court: 

This correspondence and the Sheriff Clerk's Schedule and 
Report are copied into the volume containing the Inventory of 
1764, the originals being in the Register House in Edinburgh. 
This document is, however, a mere abstract, and while it makes 
mention of older books and writings than the Inventory of 1764, 
it differs in material respects from the third Inventory or Report 
which was made up in 1852. In that year Mr. Nathaniel Farqu- 
har, Advocate in Aberdeen, having received the appointment of 
Sheriff Clerk on the death of Mr. James Gordon of Craig, he and 
Mr. Francis Gordon, the representative of the late holder of the 
office, following the procedure of 1 764, made a joint application 
to the Sheriff to appoint a judicial examination of the Records. 
The Sheriff granted a remit to Messrs. William Simpson and 
Francis Clerihew, Advocates in Aberdeen, and their M.S. report, 
covering 45 pages, was lodged in 1853. At that date the Sheriff 
Clerk's office and the Records of the Court were located in what 
was known as the Record Office in King Street (now occupied as 
Tax Offices), to which they had been transferred about 1833. No 
Inventory has been found at the time of the appointment of Mr. 
Farquhar's successor in 1861, and none was made up when the 
writer entered upon office in 1884. 

Another change of locus, however, the third, it is believed, 
in the course of a century, certainly the second in the course of less 
than half a century took place in 1872, when the Records were 
transferred to the existing Record Hall. Knowing well how fully 
the Sheriff Clerk's staff were employed in their daily work, it is 
no reflection on them to say that this transference, which might 
have been made the occasion of a very thorough and orderly 
arrangement of all the various material, was not utilized in that 
way quite so fully as it might have been. It thus happened that 
the comparison of the Report of 1852, on which Mr. Anderson's 



XVI 



General Introduction 

print is based, with the actual contents of the present Record 
Hall was not an altogether simple or quite satisfactory piece of 
work. 

Various differences and discrepancies in detail are found 
between all these Inventories or Reports, as has been already 
indicated. 

The two Inventories having reference to the Commissary 
Court are (i) an Inventory of the Deeds and Writings from 1722 
to 1809, delivered by the Commissary Clerk to the Sheriff Clerk 
in the latter year ; (2) Inventory of Warrants and Extract 
Decrees, 1722-1823, besides several Minute Books. It is not 
necessary to notice these further at present than to say that the 
designations of the parties are frequently added to the names, so 
that, given an approximate date, a search would be comparatively 
simple. 

Akin to Inventories are the Minute Books containing lists of 
deeds presented for registration. Of these there is in the custody 
of the Sheriff Clerk a series commencing in 1630. There are 
several gaps in the series, and the entries previous to 1690 are of 
names only, without designations, except in the case of prominent 
land owners, who are designed by their lands, e.g., L. [Laird] 
Echt, L. Abirzeldie, L. Delgatie, L. Wardes, L. Caskieben, etc., 
etc. For purposes of search, therefore, the earlier volumes of this 
series are defective; but from about 1690, when the designations 
of the parties began to be occasionally, but not systematically, 
added, a good deal in the way of identification of individuals may 
be taken from these Minute Books, without going beyond them. 

Besides being of assistance to searchers for genealogical or 
other information, there is obtainable from these volumes, and 
that without much difficulty, a bird's eye view both of the extent 
and nature of the registrations that were effected, and this is by 

xvii 



Aberdeenshire Sheriff Court: 

no means devoid of interest. A few figures, not warranted to be 
absolutely, but certainly approximately, accurate, may be given to 
indicate the extent to which the register was used, and how the 
amount of business seems to have varied according to the state 
of the political atmosphere. Taking first the period of twelve 
years from 1631 to 1642 inclusive. During these years there 
were some 2550 registrations in all, giving a yearly average of 
about 21 1, with maxima of 340 and 354 in 1633 and 1634 respec- 
tively, and a minimum of 106 in 1639, of which only 26 were 
applicable to the first six months of that year. 1 Coming to the 
period of the protectorate or English domination, we find that, 
while the entries for the last four months of 1651 numbered only 
4<V the figures quickly rose to a maximum of 480 in 1656, with 
an average for 1657, 1658, and the first six months of 1659, of 
about 440 per annum. The numbers for August, September, 
October, and November of that year, however, were respectively 
3, o, i, 5, when they ceased until August, 1660, when three 
entries occur followed by the following somewhat curious memor- 
andum. "Note. Registrations ends till Junii 1661 thus his 
Maiestie was happilie restored." To what the word " thus " is 
meant to refer is not by any means clear ; but the general import 
of the memorandum would seem to show that, in the writer's 
mind, political events had a connection with, or influence upon, 
registrations. The three solitary entries on nth August, 1660, 
which immediately precede the Clerk's note, were a Discharge 
dated roth August by Alexander Burnet of Countesswells to Sir 
Alexander Burnet of Leys of the sum of 10,000 merks in part 
payment of a debt of 20,000 merks, 3 the witnesses to which were 

1 The citizens, during the first three months of 1639, were preparing to resist Montrose who 
entered the town on 3Oth March, to be followed by the Royalists very shortly afterwards. 

2 Cromwell's troops took possession of Aberdeen on 7th September, 1651. 

3 Vide Family of Burnet of Leys, p. 73. 



XVlll 



General Introduction 

Mr. Robert Burnet, elder, Advocate, of Crimond, Mr. Robert 
Burnet, younger, Advocate, Mr. Gilbert Burnet, son of the 
said Mr. Robert Burnet, and James Smith, younger, Merchant, 
Burgess of Aberdeen. The clause of registration was in these 
wide terms " consenting for the mair securitie their presents be 
insert and registrat in the bookes of any judicatorie competent 
within this kingdome." The other two deeds contained the 
disposal (apparently inter vivos) by a William Forsyth of Peter- 
head, among his family of certain portions of his moveable estate, 
and of a heritable property in Peterhead. 

Returning from this digression to the number of entries, there 
appear to have been in the nine years, 1666-74 inclusive, nearly 
5,000, with a minimum of 336 in 1666, and a maximum of 667 in 
1673. The next period for which a Minute Book has been found 
is 1686-95, the outstanding feature of which is the extraordinary 
drop of the numbers in 1689, the year of Killiecrankie. The 
numbers in 1687 and 1688 respectively were 474 and 437, falling 
in 1689 to 157, with a rise in 1690 to 446. Still more remarkable 
are the figures for the months from March to September, 1689, 
inclusive, when only 28 deeds were presented. Did space permit, 
the same line of enquiry might be followed out in the i8th century, 
but it is necessary to pass at this point from the extent to the 
nature of the registrations. 

By far the greater part of these were of Obligations or Per- 
sonal Bonds, many of them for money advanced on loan, and 
many for the settlement of the price of goods or merchandise 
purchased. The natural result of the legislation of 1681 and 
l &95> legalizing the use of summary diligence for the recovery of 
sums contained in Bills of Exchange, was to bring about in mer- 
cantile transactions the gradual substitution of Bills for Bonds : 
but the change was slow to come in Aberdeenshire. The first 



xix 



Aberdeenshire Sheriff Court: 

Protest of a Bill was recorded, as far as has been observed, in 
January, 1699, and a good many years of the i8th century had 
passed before the practice became at all general. Although 
acknowledgements of indebtedness and obligations to repay con- 
stituted by far the largest number of writs put on record, examples 
of most other kinds of legal documents are found, excepting, of 
course, those constituting real rights in land, and, until modern 
times, testamentary writings, which last of old found their way 
into the books of the Consistory or Commissary Court. Examples 
of Discharges, Assignations, Translations, Dispositions of Move- 
ables, Leases, Submissions and Decrees Arbitral, Indentures, and 
Marriage and other contracts occur in considerable numbers, and 
many of these must be of much interest. It will, therefore, be 
obvious that there is shadowed out in these Minute Books a field 
for investigators, both extensive and interesting. There are 
various other Minute Books as may be seen in the Inventory: 
but it is impossible to deal with them in detail in this place. 

Passing, therefore, from Inventories and Minute Books to 
their subject matter, the first great general classification of the 
mass of material, which has been accumulating during three or 
four centuries, may be stated thus: -I. Deeds and Writings ; II. 
Processes; and III. Books. Other sub-divisions may be alluded 
to later, but first of these in their order. 

I. DEEDS AND WRITINGS. 
(i) Deeds. 

Of those handed in to the Sheriff Clerk for registration, there 
are bundles for almost every year continuously since 1606, while 
of those handed in to the Commissary Clerk there are bundles for 
every year from 1722 to 1809. During the lengthened periods 
for which no Registers of Deeds exist, the originals themselves 



General Introduction 

are all important, and even when both the deed and the record of 
it are found, the former may be frequently important for the pur- 
pose of identification of signatures and other reasons. An instance 
may be given occurring in the early years of the I7th century. 
We find a John Gordon of Boigis or Boggis officiating as a Sheriff- 
depute at that period ; but we also find a John Gordon of Tilligrig 
filling the same office. In the Registers of Deeds there is nothing 
to show whether there were two different persons or one person 
under different designations ; but when the deeds themselves are 
examined, it becomes clear from a comparison of the signatures to 
the docquets on the deeds that John Gordon of Boigis and John 
Gordon of Tilligrig are one and the same person. In the case of 
the Commissary Court, the deeds alone are in Aberdeen, the 
books being in Edinburgh. It has been said that there are 
bundles of deeds for every year, and these ought to correspond 
with the entries in the Minute Books ; but it is impossible to 
affirm that these bundles now contain all the deeds originally 
handed in for the periods which they represent. And this will 
certainly be found to be the case between 1698 and 1868, during 
which period it was allowable for the ingivers to receive back all 
writings falling under the description of probative writs, after they 
had been recorded. 

(2) Writings. 

Under this head may be classed Judicial Bonds, of which 
there are bundles for every year from 1734 to date. These are 
for the most part Bonds of Caution in Law-borrows, Bonds of 
Caution that accused persons should appear and take their trial, 
and such like. The Bonds in the bundles do not, of course, rep- 
resent anything like the numbers of those originally granted, 
many of which must have been discharged and given up. Even 



XXI 



Aberdeenshire Sheriff Court: 

in cases, however, when that has been done, the petitions and 
proceedings thereon are sometimes found, and these may be more 
interesting than the Bonds themselves. 

It was made compulsory by the Act of Parliament, 1672, c. 2, 
for tutors and curators to give up Inventories of the heritable and 
moveable estate of their wards, and there are specimens of these 
from about 1682 onwards. A cursory examination of one or two 
of the older Inventories was made, and as an example may be 
mentioned the " Inveture of the Writts, Evidents, Bonds, Compts 
and ticketts with the soumes therein contained," belonging to 
Charles Earl of Aboyne, given up by John Gordon of Rothiemay, 
his tutor testamentar, on gth December, 1682, which contains a 
list of 136 titles and documents of debt. 

Bundles of Proceedings in the Services of Heirs, from 1649 
to 1851, are full of interesting matter. 

Another bundle, consisting of Minutes of County Meetings 
and other documents, connected with the election of Members of 
Parliament, has been sifted out of a mass of loose papers by the 
writer, dealing with the elections of 1761, 1768, 1774, 1780, 1784, 
1786, 1790, and 1812; and there may be more of these in the Hall 
not identified or labelled. 

These examples are far from exhausting the list, and, indeed, 
the old condemned cell under the East Tower of the County 
Buildings is at present the receptacle for a great quantity of large 
packages of papers, the contents of which no one seems to know ; 
but probably there is nothing there earlier than the end of the 
i 8th century. 

II. PROCESSES. 

With these many shelves are laden and cupboards filled, but 
no one now living has examined them closely, and there are 



XXI 1 



General Introduction 

probably not many processes older than 1 700 on the civil side, 
and none before 1795 on the criminal side of the Court. 

III. BOOKS. 

These consist of several hundred MS. volumes, and cover 
the period (not, however, without several long breaks) from the 
first decade of the i6th century to the present time. They may 
be classified as (i) Books of Court ; (2) Registers. Taking the 
latter first, we find that the earliest existing volume was begun in 
1606, that there are 32 volumes from the i;th century, only 3 
from the iSth, 1 and 165 between 1809 an d the present time. For 
the periods which they cover, the contents of these volumes 
should correspond with the Minute Books and Deeds already 
noticed. 

To the first class, or Books of Court, belong the oldest 
existing books, there being six of these from the i6th century, and 
one beginning in the i6th and ending in the i/th. The numbers 
increase materially in the i;th century, from which we have 35 
volumes with some measure of specialization. The numbers are 
much greater in the i8th century, and it may be said that after 
1 750 the Court Books are quite complete. It is not to be assumed 
that the makers of the earlier books gave them the precise titles 
which they now bear. The following statement occurs in the 
report of 1853, " It was explained to us with reference to these 
books, which are now in an excellent state of preservation, that 
they were received by the late Sheriff Clerk in a loose, tattered, 
and decaying state ; that several years ago he had them carefully 
repaired and bound up, with the sanction of the County." On 

I It is possible to determine whether gaps occur by the loss of books, or from none having 
been kept, by the presence or absence of the word " Buikit" or "Booked" on the back of the 
deeds themselves, and it is quite obvious that, for a very long period, no registration was carried 
out. 



XXlll 



Aberdeenshire Sheriff Court: 

various of the new fly leaves can be decerned the water mark of 
1832 and years about that time. With the new binding, some of 
the older books apparently received what the Sheriff Clerk 
deemed the appropriate titles, and some of these are a little mis- 
leading ; e.g., a volume, entitled "Diet Book, 1598 to 1621," 
contains nothing but the Head Courts for that period. Still more 
seriously misleading is the title " Diet Book, 1603 to 1622," 
when the contents actually consist of the Court entries for a part 
only of 1603, while in the remainder of the volume are chronicled 
the whole services, and tutorial and curatorial appointments, 
carried through in the Court from 1600 to 1622. So far as one 
can judge, this title misled Dr. Joseph Robertson, for the writer 
has not seen a reference to any of the services in that wonderful 
work, the Antiquities of Aberdeen and Banff. 

The official title by which these books appear to have been 
known in the old time, when the Latin language was in common 
use among lawyers, was either " Libri curiarum vicecomitis de 
Aberdeine," or " Libri actorum curiae vicecomitatus de Abirdene," 
and, when the editors of the volumes of the old Spalding Club 
quoted from them, they referred to them by the latter title. In 
doing so, they followed the language of Mr. William Anderson, 
Sheriff Clerk of Aberdeenshire, 1597-1630, who, in his docquet 
to the extract of the proceedings of the Court which fixed the 
rental of the county for war taxation in 1549,' began with the 
words, " Extractum ex libro actorum curie vicecomitatus de Abir- 
dene." At a later period, one finds them called sometimes the 
" Buiks of this Auditorie," but most commonly, as now, the 
Sheriff Court Books. 

The oldest of the books now in existence dates from 1503, 
and the question which it first occurs to an investigator to ask is 

I Infra, p. 254. 
xxiv 



General Introduction 

this, " Did there ever exist before that period any record in book 
form of the proceedings of the Sheriff Court of Aberdeenshire, or 
is this the earliest ? " It is perfectly well known that records were 
made of the doings of the Court long before that date, and copies 
or notes of these may still be found in the public records, or in 
the many valuable volumes relating to the county which have 
been published. Head Courts and Inquests were held long 
before the beginning of the ;6th century, of which record must 
have been and was made, and the Sheriff's accounts were from 
time to time given in to Exchequer. Did these and the records 
of such litigation and criminal work as was got through, ever go 
beyond the fugitive form of separate papers or jottings previous 
to 1503 ? To this question an affirmative answer can be given, 
for there is evidence of the existence of a Court Book in 1491 ; 
but it may be safely assumed that the volume of 1503 is a very 
early example of such records as were put together in book form. 

It is possible that we owe the fulness and completeness of this 
volume to the stirring of the waters in the matter of judicial reform 
that took place at this period. There certainly was an outburst 
of legislative activity in this direction about the year 1503, and it 
is matter of history that James IV., who was nothing if not ener- 
getic, visited Aberdeen and the North about 1505 to see to the 
carrying out of the reforms. 

Seeing that only six volumes have come down to us relating 
entirely to proceedings in the i6th century, in which only seven- 
teen or eighteen years in that century are accounted for, other 
questions that naturally arise are these " Did others ever exist 
for the period in question ? If so, what has become of them, and 
is there any chance now of any of them being found ? " To the 
first of these questions an affirmative answer may be given. 

From what has been said above, it clearly appears that a Die.t 



Abcrdeenshire Sheriff Court: 

Book of Court was kept for some period embracing the year 1549, 
and it is only a reasonable inference that it was the general prac- 
tice to keep such books in the i6th century. It may be doubted, 
however, whether it was so for the period immediately following 
Flodden, 1513. The whole country was so utterly disorganised, 
and so many of the leading men, including the Sheriff of Aber- 
deenshire, were slain, that it would not be surprising if all legal 
progress got a rude set back at that time. 

Besides the evidence regarding the Court Book of 1549, 
various items have been found proving the existence of other 
volumes. In a case on ist February, 1573 (4), a contract was 
produced which had been registered in the " Shref Buikis of 
Abirdeine " on 29th January, 1564 (5). The Marriage Contract 
of Alexander Menzes and Christian Lumsden, dated 5th July, 
1568, was recorded in the " Shreff Buikis of Abirdeine. A title 
page prefixed to the volume of 1573-6 bears the date 1570, and a 
written obligation was, on igth May, 1596, ordained to be regis- 
tered in the "Confessit Buiks of this Auditorie." Other instances 
might be referred to, but these are sufficient. 

The second question as to the fate of the missing books may 
also be answered with a certain degree of confidence, and the 
answer is that they were treated by some of the officials as their 
own private property, and retained by them when they ceased to 
hold office. This was what happened to the Diet Book of 1549, 
because, in the docquet to the extract already referred to, the 
Sheriff Clerk used these words, " qui liber est in manibus Joannis 
Leslie de Balquhane, quondam vicecomitis dicti vicecomitatus," 
proving that fifty or sixty years after its date the volume was in 
the possession of the Balquhain family. We seem to owe our 
knowledge of the existence of this Diet Book of 1549 to a some- 
what singular circumstance. At some period during the tenure 

xxvi 



General Introduction 

of office of Mr. William Anderson, Sheriff Clerk, already men- 
tioned, an occasion must have arisen requiring that an Extract of 
the proceedings in 1 549 should be made. There is, indeed, evi- 
dence that a Taxed Roll of the Sheriffdom was made up in 1613, 
and given in to the Commissioners of Parliament on January 2ist 
of that year, which was subscribed by Mr. Anderson. It is more 
than likely, therefore, that for the purpose of making the new 
taxed roll, it was found necessary to refer to the valuation of 
1549, and that so, the Sheriff Clerk, having made the Extract 
from the old Diet Book (which, as we have seen, had to be bor- 
rowed by him from Balquhain for the purpose), thought it wise to 
secure that a copy should be kept. Finding a few vacant leaves 
at the end of the Diet Book, 1573-6, which was in his hands and 
has come down to us, he caused the Extract to be copied into that 
volume, and in this curious way has this most valuable and inter- 
esting document been preserved. 

In corroboration of the view that the books were claimed and 
treated by the officials as their own, reference may be made to 
the title page prefixed to the Diet Book of 1573-6 quoted in the 
short introduction to that volume, and also to the case of Blak v. 
Philp in 1584, where various diligences were granted against 
Leslie of Balquhain and others for recovery of Court Books of an 
earlier date, 

The conclusion which has been arrived at from the foregoing 
and other items of evidence pointing in the same direction is, 
that, unless they have been destroyed in ignorance of their char- 
acter, or have perished by lapse of time and want of being cared 
for, some of these volumes may still be found, by persons capable 
of identifying them, in the Charter rooms of some of the old 
county families. Although this has been written specially of the 
missing books of the i6th century, it may be held to appiy to 



XXVll 



Aberdeenshire Sheriff Court: 

the 1 7th century also, when a number of books are obviously 
missing. 

The Six Books of Court dealt with in this volume. 

The method of editing these books which has been adopted 
is very simple. In the case of each book, a table of its contents 
has been prepared, preceded by a short introductory description, 
and followed by illustrative examples selected from among the 
contents and classified according to their subjects. A volume 
was written on a different plan which covered more ground and 
might possibly have been slightly less dry, but as a book of refer- 
ence, it would have been of very little value. That volume having 
been thrown aside, the plan now adopted was placed before the 
Secretary of the Club and approved. The objection of waste of 
space may with some force be urged against it, but, on the other 
hand, clearness may be claimed for it. In framing the tables of 
contents, an attempt has been made to include every separate 
case, without the unnecessary multiplication of entries regarding 
any one of them. A very considerable number of entries have 
been found which disclose neither the nature of the action nor the 
subject of it, and which contain no designations of the parties. 
Such entries have been omitted from the table of contents. Very 
little has been omitted from Vols. I., II., IV., and VI., except for 
this reason, but a very large number of purely formal interlocu- 
tory entries, occurring in Vols. III. and V., have been passed 
over without notice. Such persons as strongly object to the 
reproduction of lists of names will doubtless be of opinion that the 
names of the jurors empannelled on inquests for the service of 
heirs, etc., might quite well have been omitted. As originally 
copied out, these names were omitted from the table of contents ; 
but, in deference to strong opinions to the opposite effect, they 



General Introduction 

were added. The example of such a very eminent authority as 
the late Dr. Joseph Robertson pointed in the same direction, for, 
in printing i6th century inquests, he invariably included the com- 
plete list of Assize. 

Those who are acquainted with the caligraphy of the period 
do not need to be informed that a species of shorthand, by the 
constant use of contractions, was the ordinary habit of all penmen. 
They are also aware that they did not make the same use of 
capital letters as is the practice in modern times. To have 
reproduced the various illustrative examples in their original form 
would have been to inflict a large amount of unnecessary trouble 
upon readers. To avoid this, all words (except, perhaps, the 
various contractions of the word " Sheriff" ) have been fully 
extended, preserving as exactly as possible the spelling of the 
day, and the modern use of capital letters has been adhered to. 

It may be further explained that if the examples which have 
been taken from Vols. II., III., and IV. (some of them long and 
verbose) were to be really illustrative of the procedure and plead- 
ings of the time, they could not with propriety have been sub- 
edited or abridged. 

In the cases of services of heirs, it will be observed that, 
where these have been printed in full in the Antiquities of Aber- 
deen and Banff, or in the Inquisitiones Speciales et Generates, 
published in the beginning of last century, references to these are 
noted. It will be found, however, that in the latter the period 
during which the lands were in non-entry is not given, thus 
leaving the date of the ancestor's death uncertain. In the 
abridgements in the present volume the duration of the period of 
non-entry, or the exact date of the ancestor's death, when men- 
tioned, has been added. 



XXIX 



Aberdeenshire Sheriff Court: 

When on the subject of services of heirs, attention may be 
drawn to several cases which bring into prominence the import- 
ance which was attached to the finding of the inquest, that the 
ancestor died at the " faith and peace " of the sovereign. In the 
case of the service of the Earl of Huntly in 1575, to his father 
who died at Corrichie, the jury at first would not return any answer 
to the Brieve, affirmative or negative. At another diet at which 
evidence of the recall of the forfeiture was produced, they did so. 
Again, in the case of the service of John Leslie of Balquhain to 
Inverness-shire properties in 1576, the Brieve specially permitted 
the jury to ignore allegations that his ancestor was at the horn at 
the time of his death. Once more the same thing is brought to 
light in connection with the service of George Gordon of Coclar- 
achie, to his father, George Gordon, who was killed at Corrichie, 
in the lands of Blairndynnie, where the legal fiction by which the 
difficulty was got over is set down in express terms. 

As already stated, each volume dealt with has been preceded 
by a few introductory remarks, and thus a good deal will be found 
to have been written which would otherwise have had place here. 

Speaking generally, it will be found that the first volume is 
essentially different from all the others, and its contents have been 
very fully reproduced, not so much or solely on account of any 
intrinsic interest in themselves, as for the purpose of presenting a 
picture, drawn from what is perhaps the earliest existing source, of 
a Sheriff Court and its procedure 400 years ago. At that period, 
the procurators, whom the litigants appointed, were apparently 
churchmen, probably their chaplains or spiritual advisers, and 
there is no trace of elaborate argument or procedure. Possibly, 
anything of that kind would have been thrown away upon the 
barons with whom, as jurors, the decisions lay, and whose ideas 



XXX 



General Introduction 

of the administration of justice would naturally savour of the rough 
and ready methods of their own courts. 

When we take up next the fragmentary book of 1557-60, we 
find that a great change has taken place, the jurors have dis- 
appeared, the Sheriff and his deputes have taken their places, and 
trained lawyers and fuller pleadings are much in evidence. The 
old complaints to the Lords Auditors, which were directed, not 
against the decisions of the Sheriffs but against the verdicts of 
the juries, have been superseded by Letters of Ad vocation to the 
Court of Session against the decisions of the Sheriffs in what had 
now become the inferior court. 

It must have been about this time that the lay legal prac- 
tioners in the Consistory or Commissary Court, under the desig- 
nation of Advocates, began to practise in the Sheriff Court, 
retaining, as many still do, the former designation. 

In this volume we find in June, 1557, the first Decree of 
Removing under the " New Act of Parliament," by which was 
meant the Act 1555, cap. 39, which continued to regulate such 
proceedings for two hundred years afterwards. 

Almost all the entries in this volume are connected directly 
or indirectly with the land, and this is even more so in Vol. III. 
where the weary iteration of Decrees of Removing would not be 
tolerable, except on the chance of their containing something of 
interest in the fields of topography or genealogy. 

Among interesting exceptions in both these books must be 
reckoned the references which they make to Fiars prices. The 
" feir of the Consistorie of Auld Abirdene " for crop and year 
J 556 was produced as authoritatively fixing the price of victual in 
the action of Spuilzie, Chalmer and others v. Leslie, nth January, 



XXXI 



Aberdeenshirc Sheriff Court: 

1558 (9). Again, decree was pronounced in the action of Spuil- 
zie, Duff. Many, in March, 1573 (4), for a certain quantity of 
victual for each year from 1556 to the date of the decree, accord- 
ing to the " feiris of the yeiris." In the latter case it is not stated 
by what court the fiar was fixed. Similarly in several actions in 
1574 and 1575 at the instance of the Earl Marischal, as tacksman 
under the Commendator of Deer, against the tenants for payment 
of teind sheaves, decrees were pronounced for quantities of victual, 
the price of which was liquidated according to the Fiars prices 
fixed in the Commissary Court. 

The very full accounts of the proceedings in the services of 
the Earl of Huntly, and the extremely lengthy and elaborate 
pleading in the service of John Leslie of Balquhain to lands in 
the County of Inverness, which was strongly opposed by the 
Bishop of Ross, already referred to, must also be reckoned inter- 
esting, as they must be somewhat rare examples of Sheriff Court 
procedure in such cases at a comparatively early date. 

The slightly more varied contents of the incomplete volume 
from 1584, and of Volume V., show by the introduction of some 
items relating to crime and quasi crime that such a volume as 
Volume III. affords merely a partial account of the business 
transacted in the Court, and that, if the original books kept by 
the Clerk had come down to us, far more light and colour would 
have been found in them. 

The feature of Volume IV. is the emergence for the first time 
of the Procurator Fiscal, and something will be said on that head 
in a subsequent part of the introduction. 

In Volume V. a few signatures are found, but it is not neces- 
sary to say anything further regarding it or the last volume. 



General Introduction 

Taking them as a whole, these six books seem to the writer 
to contain very little of human living interest, the range of the 
matters dealt with being extremely limited, but there may be 
found here and there items which interest the legal antiquarian 
and genealogist. In the following century the interest widens, 
the subjects dealt with are more varied and more of the local 
notabilities flit across the pages. 

The Officials of Court, 1221-1600. 

In course of his researches among the Records of the Sheriff- 
dom, it occurred to the writer that, if anything approaching a 
complete and fairly consecutive list of the officials could be brought 
together, such a list might possess some little interest. Anything 
like Mr. A, M. Munro's admirable work, entitled " Memorials of 
the Aldermen, Provosts, and Lord Provosts of Aberdeen," could 
not be looked for. The materials for the compilation of such a 
complete piece of work applying to the County officials do not 
exist. At the same time it was deemed possible to gather 
together from the various publications containing references to 
County affairs and properties, such a number of office-holders as 
would at least be a full representation of the whole number. The 
result of the editor's efforts in this direction will be found in Part 
II. of this volume. What has been done, even if not particularly 
successful, may be of some use as a foundation for others to 
build upon, or as a skeleton to be afterwards clothed with flesh. 
Authorities are, it may be said, invariably referred to except in 
the case of such families as the Earls of Crawford and Huntly, 
where the facts of their lives have been summarised from family 
histories. In the case of these and others, e.g., the Lairds of 
Balquhain, a great deal of picturesque reading, which might have 
been reproduced from the Privy Council Records and such like 
sources, has been severely left out owing to considerations of 

xxxiii 



Aberdeenshire Sheriff Court: 

space. In the case of the more ancient holders of offices and of 
those about whom information is not so accessible, most of what 
has been discovered has been set down. It is proposed, in what 
remains of this part of the introduction, to make a few general 
remarks about the different offices. 

THE SHERIFFS. 

Readers who wish to make a special study of the ancient 
authorities on the office of Sheriff are referred to Sir John 
Skene's treatise, " De verborum significatione," from which one 
or two short quotations will subsequently be taken, Balfour's 
" Practicks," and the old Scottish Acts of Parliament. The most 
recent notice will be found in Green's " Encyclopedia of the Law 
of Scotland," while among works illustrative of particular Sheriff- 
doms, an excellent example will be found in the " Sheriffdom of 
Clackmannan," by Mr. James Wallace, sometime Sheriff Clerk of 
that County, which contains an admirable summary regarding the 
Sheriff's office and jurisdiction. 1 

One of the earliest, if not the earliest, mention of the Sheriffs 
of Aberdeen is found in the second Charter granted by King 
William the Lion to Aberdeen ; but it is only in the Trading 
Charter granted by Alexander II., sometime between 1214 and 
1222, that the Sheriffdom is definitely spoken of. No Sheriff is 
mentioned by name in this latter Charter, but it is addressed to 
the Sheriffs of the Sheriffdom of Aberdeen among others. About 
that time, however, the office appears to have been filled by one, 
Philip de Maleuille, whose name appears first on our list. The 
editor of the " Sheriffdom of Clackmannan," already referred to, 
states that the earliest Sheriff in Scotland whose name has come 
down to us was Malcolm, Vicecomes or Sheriff of Scone, to 
whom a Charter was granted by Alexander I. 

I Sheriffdom of Clackmannan. [Edinr., James Thin, 1890.] 
xxxiv 



General Introduction 

No grants or commissions have been found previous to the 
beginning of the 1 5th century, from which the terms of Sheriffs' 
appointments could be gathered, but it appears clearly enough 
from the list of names, that down to the end of the i4th century, 
no one family in Aberdeenshire held the office in heritage. 1 
Whether in the earlier time Sheriffs held office from the Sove- 
reign, during his pleasure, or for some fixed period, or for life, 
has not been discovered. Reasonably certain it is that about the 
very end of the i4th, or beginning of the i5th century, the first 
Earl of Crawford had a heritable grant of the office of Sheriff of 
Aberdeen, and that, except for a very short interruption during 
the forfeiture of the Tiger Earl about 1453 on account of his 
rebellion against James II., it remained in that family until 1511. 
The then holder, John, Earl of Crawford, being in pecuniary 
difficulties, parted with it to William, 4th Earl of Errol for a 
price, but with right of redemption on certain terms which are 
afterwards mentioned. There was, however, a formal resignation 
by one Earl and a Crown grant to the other. By the death of 
Lord Erroll at Flodden, leaving a son, the 5th Earl, who lived 
but a short life and was succeeded by an infant, the 6th Earl, the 
office came to be in ward until about 1541. In that year George, 
4th Earl of Huntly, had a grant of the office, and he and his 
successors in the title held the office in heritable right until it was 
resigned to Charles I., by the ist Marquis of Huntly, in the 
following century. 

Writing in the latter part of the i6th century, the learned 
Clerk Register, Sir John Skene, says : " Schireffs in this realme 
hes their offices given to them be the King in heritage, contrair 
to the Act of Parliament, Ja. II., par. u, c. 44, quhilk is the 
cause of great enormities and wranges, be reason the Schireffes 

I In Clackrmnnan the office seems to have been heritable from the accession of Robert the 
Bruce. 

XXXV 



Aberdeenshire Sheriff Court: 

being infeft heritablie, thinkis themselves sure of their office, and 
regairdis nocht the execution theirof." 

At the time when these words were penned, the office in 
Aberdeenshire was held in heritage by the powerful house of 
Huntly ; and one can easily imagine that in Sir John's thoughts 
the grave position of matters in his own native county would be 
uppermost, for, if anything stands out in a stronger light than 
another on the face of the Court Records in the second half of 
the 1 6th century, it is the confusion, and in many cases the 
hopelessness of obtaining justice, which prevailed owing to that 
circumstance. 

Previous to the establishment of the Court of Session, the 
Sheriff appears to have acted more as a president at the sittings 
of the Sheriff Court than as a judge, the decisions of all cases, 
both civil and criminal, resting with the Assize or Jury. 1 No 
doubt even then juries might be overawed by a Sheriff of com- 
manding local territorial influence, or manipulated by one who 
had otherwise acquired in a special degree the confidence of his 
fellow barons ; but by the time of the advent of the Huntly 
domination, juries in civil cases seem to have disappeared, and 
the Sheriff had become a judge. The loss of the books of 
Court for the period from 1511 to 1557 must be reckoned a great 
misfortune, if for no other reason than that they might have 
thrown light upon the disappearance of the jury and the substitu- 
tion of the judge. It was not, so far as the writer has been able 
to ascertain, a legislative change, but simply an alteration of 
practice an alteration, however, that obtained all the force of 
law until trial by jury in a limited class of civil cases in the 
Court of Session, was introduced by statute in 1815. 

In two cases of cognition of disputed boundaries, one in 
i558 2 and one in I574, 3 there appear suggestions that it was 

I Infra, p. 2. 2 Infra, p. 173. 3 Infra, p. 263. 

xxxvi 



General Introduction 

customary in such actions to have assisors with special local 
knowledge acting with the Sheriff, but these are the only traces 
of anything like a jury in disputed actions in any of the Court 
books after the earliest. 

Occurring when it did, the change was a momentous one in 
Aberdeenshire, for it placed in the hands of the possessors of the 
office of Sheriff great powers of interference with the administra- 
tion of justice, which, as is writ large on the face of the records 
of the time, the Earls of Huntly were not slow to use, either 
directly or through those to whom they deputed their authority. 
The feud between the houses of Gordon and Forbes made it 
impossible for the latter or their friends to hope for fair play in 
the County Court ; and on a smaller scale, though equally 
notorious, was the judicial support which the family of Menzies 
could reckon on from the local judges, in any litigation in which 
they might happen to be engaged. 

The Sheriffs, or Sheriffs Principal as they came to be called, 
to distinguish them from their deputes when deputation became 
an ordinary practice, are not mentioned in the books which have 
come to us, as sitting frequently in Court. Their attendances 
were confined as a rule to the Head Courts, preferably the Head 
Court at Michaelmas. There is evidence, however, in the case 
of the Earls of Huntly that, even when absent, they influenced 
the decisions of their deputes, giving them direct instructions 
how to proceed. The Sheriffs or their deputes ordinarily held 
their sittings in the Tolbooth (Pretorium) of the burgh of Aber- 
deen, a building supposed to have been erected about the close 
of the 1 4th century. Not infrequently, however, when con- 
venience required it, Courts sat at various places throughout the 
sheriffdom, and in one case at least a sitting was held in a house 
in Aberdeen. Instances have been found of Courts in the 
1 6th century at Drumblade, Wardhouse, Muirland of Bourtie, 

xxxvii 



Aberdeenshire Sheriff Court: 

Turriff, Standing Stones of Huntly, and the Monkshillock of 
Fyvie. The private house was that of John Stirling, presumably 
Sir John Stirling, whose name frequently appears as a Notary in 
the early part of the i6th century, and the occasion was the 
service of Thomas Fraser to his father, Sir Andrew Fraser, in 
the lands and barony of Stoneywood and others (3Oth October, 
1505). To these Courts also barons and freeholders were 
summoned. 

What a Sheriff's place was worth in these old days one 
would like very much to know, but it cannot be got at. The 
officials from the highest to the lowest salaries being unknown 
lived by a certain proportion of the fees, escheats, or fines or 
unlaws, and doubtless made as much of it as they could. In 
many cases the offices, from that of Sheriff downward, were 
probably purchased, and there would be no slackness on the part 
of the holders in doing their best to get a good return for their 
outlay. 

In only one case, namely, that of Sir Walter de Berkelay, 
1320-4, has the Editor found anything which could be considered 
an approximation to payment by salary. He received, as will be 
seen on reference to the List of Sheriffs, a certain part of the 
customs of Aberdeen while he held the office of Sheriff. Fixed 
money salaries were not known until after the abolition, at a 
much later period, of heritable jurisdictions by Act of Parliament. 

It only remains to be added that in the List of Sheriffs the 
Editor has included all those whom he has found so designed, 
and who appear to have been de facto in exercise of the principal 
office, although the heritable right may have been in others. 
Among those he has included tutors, those in right of the ward, 
whom he has called "Wardators," a rendering of the Latin word 
" wardatarius," and others, such as the lairds of Balquhain, who 

xxxviii 



General Introduction 

seem to have assumed the reins of office at such times as they 
were taken out of the hands of the Earls of Huntly. 

THE SHERIFFS-DEPUTE. 

" All Schireffs sail have gud and sufficient deputes or baillies 
for quhom they sail answere .... And therefore all 
Schireffs . . . for their awin better securitie, sulde male their 
deputes, ane or maa, gude and wise substantious men, of best 
fame, knawledge, understanding and experience, and least suspect 
within the Schireffdome, and suld cause them be sworne the time 
of their admission, that they sail leilly and truely use their office. 
. . . So writes Sir John Skene, and it is probable that 

from the earliest days of the Sheriffship the principal would, in 
case of absence or whenever it was convenient, depute the office ; 
but in the County of Aberdeen no depute has been met with 
previous to the middle of the i4th century. Their employment 
in the more ancient days seems to have been mainly to act as 
locum tenentes for their principals in the collection of Crown 
Rents, casualties, &c., and in accounting to Exchequer. As time 
passed, and judicial functions began to accresce to the Sheriffs 
office, the bulk of the new work fell upon the deputes, so that by 
the time (1503) when the existing Sheriff Court Records begin, 
we find the depute or deputes sitting regularly. Sometimes the 
depute sat with the Sheriff and sometimes two or more deputes 
sat together. On occasion they seem to have been called to 
office at a particular sitting, and in connection with a particular 
dispute, probably more as assessors with some special knowledge 
of the matter in dispute than as judges. It is safe to say that, as 
a general rule, deputes in this County in the older time held office 
during the pleasure of the chief. This was not always so, 
however, and the transaction of letting the office for life for 10 
Scots per annum to Sir Alexander Forbes about 1432, which was 

xxxix 



Aberdeenshire Sheriff Court: 

confirmed by Royal Charter under the Great Seal, is not only an 
example of the contrary, but throws some light upon the practice 
of purchase and sale of public offices. No evidence of a direct 
Royal grant of the office of depute has been found before the 1 7th 
century. 

An attempt has been made in the following list to distinguish 
between the principal or regular deputes and those who were not 
so important, or merely occasional or temporary. Some seem to 
have been emergency deputes, very much on the footing of the 
Honorary or unpaid Sheriffs-substitute of the present day. How 
deputes were paid or what proportion of the Sheriff's perquisites 
they received there is no evidence to show. Probably it was a 
matter of bargain in every case. To what extent a legal training 
was considered necessary or desirable previous to the 1 7th cen- 
tury must remain uncertain ; but it will be noticed that towards the 
end of that century lawyers begin to appear on the list. By the 
time that Sir John Skene wrote, one of the greatest difficulties in 
appointing Sheriffs-depute was to obtain men " unsuspect," and 
there is ample evidence in the illustrative examples which are 
produced from the Court books, to show how great the difficulties 
were. 

THE SHERIFF CLERKS. 

It is obvious that, from the time at which the office of Sheriff 
was established, and the duty laid on the holder of the office, of 
collecting revenues and accounting to Exchequer, there must have 
been a clerk. It is equally certain that the persons employed in 
that capacity must in early days have been recruited from the 
ranks of the clergy, the ability to read and write being then 
almost entirely confined to that class. Of this old order of men, 
who were rather the clerks of the Sheriff (clerici vicecomitis), 

xl 



General Introduction 

than clerks of the Sheriffdom (clerici vicecomitatus), occasional 
glimpses may be had in ancient documents. Thus we find 
accounts being rendered on nth April, 1292, on behalf of Philip 
of Meldrum by Peter, the clerk of the Sheriff. Again, Adam, 
the clerk of the Sheriff of Aberdeen, is mentioned as having 
rendered accounts at Perth on 2ist April, 1360. 

At these early dates the Sheriff Court, as a regularly consti- 
tuted judicatory for the settlement of disputes, can hardly be said 
to have existed, and there would be few, if any duties for the 
clerk, beyond the accounts and filling up the retours to Chancery, 
in cases of the services of heirs. At what precise period the 
office, as it now exists, took definite shape, has not been ascer- 
tained. A Mr. John Bydnach was officiating, as Clerk for the 
time, in 1491, and several appointments to the office of Clerk of 
Court will be found in the Table of Contents of Vol. I. of the 
Diet Books. These, however, may have been appointments for 
the service of the particular court which was then sitting only, in 
the same way, in which at the head courts of a later date for 
election of Members of Parliament, the practice was to specially 
appoint the Sheriff Clerk to be clerk of that particular Court. 
What Sir John Skene writes about the office is this " Schireff- 
clerkes suld be honest famous men, quha be themselves and their 
sufficient deputes salbe alwaies resident within the head burgh of 
of the schire, for registration of letters of horning, and better 
execution of their office, Ja. VI., p. 6, c. 75. Be the auld law of 
this realme, the Schireff-clerke was in-put and out-put be the 
King, and had na league nor bande with the Schireff, but was 
bound and oblished to the King allanerlie, and was susteined in 
his hienes house, as occasion and time required, and did all things 
concerning his office with the counsell and advice of the King." 

Sir John's statement of the old law was no doubt correct, 

xli 



Aberdeenshire Sheriff Court: 

both as regards the Clerk's entertainment when he repaired to the 
Court, wherever it happened to be for the time, to render his 
accounts, and as to the clerk's independence of the Sheriff. The 
revenues were a matter of the first importance to the King, and the 
man who kept the accounts was an important personage from 
that point of view. The object of the King was to get as much 
as possible, the interest of the Sheriff was to escape with as little 
as possible, and so there can be no doubt that there was for these 
reasons, a constant struggle in connection with the patronage of 
the office, between the central and the local authority. 1 The 
interest of the Crown was to have this official a man of educa- 
tion, thoroughly versed in the local finances and always on the 
spot bound to it, while that of the Sheriff was to have a depen- 
dant of his own in the place. Traces of this struggle will be found 
in Part II. of this volume. The appointment of the Clerk was 
finally expressly excepted from the Sheriff's Commissions by 
Oliver Cromwell, and that rule has been followed since. 

The Sheriff Clerk had for his support, a proportion of the 
fines and unlaws, and such fees as were exigible from time to time 
down to a very recent period. 

THE PROCURATORS FISCAL. 

Much has been written about the origin of this office, and 
any general statement would be out of place here. Its emergence 
in the existing records of the Sheriff Court of Aberdeenshire 
takes place about the middle of June, 1584. We reproduce the 
entry. 

I In this connection reference may be made to a Privy Council case in 1564, from which it 
appears that James Makhrok of Campsie had a heritable grant of the office of Sheriff Clerk of 
Perthshire under the Privy Seal, in the reign of James V., which was challenged by Patrick, Lord 
Ruthven, the Sheriff, who claimed the right to appoint the Sheriff Clerk. [Keg. Privy Council, 

!> P- 273-] 

xlii 



General Introduction 

"The said day Maister George Barclay Procuratour Fischall 
for our Souerane Lord protestit solempnetlie that quhat beis done 
in the forsaid actioun of removing persewit be Johne Mortimer 
and his curatours aganis Johne Lesly for removing fra the landis 
of Auchquorties contenit in the precept be nocht preiudiciall to 
our Souerane Lord his Grace donatours nor thair richt and entres 
to the saids lands nocht being callit nor warnit for thair entres 
The Perse waris in the contrar in respect that thar is na thing 
producit for the makaris of the said protestationes titillis bot only 
ane bare and naiket allegeances maid Quhairfoir protestis that 
thai be nocht in mala fide be the entrie of the lands libellit be 
vertew of the samyne decreit of removing." 

This being the opening entry in the volume (earlier pages 
having disappeared) the decree referred to can only be guessed 
at. It is clear, however, that Mr. Barclay appeared as procurator 
for the Sheriff, for the purpose of maintaining the title of persons 
who had from the Crown the gift of a ward or escheat. 

On 23rd June Mr. Barclay appears again in the same 
capacity, and in a similar kind of case. Again we quote. 

" The said dav in the actioun and caus of Bastardrie movit 

4 

and persewit be my lord Shreff be vertew of his office aganis 
Donald Williamsone spous to umquhill Barbara Stot in Keirthyn, 
within the Baronie of Bolquholly, according to my lord Shreffis 
summonds Compeirit Mr George Barclay Procuratour Fischall 
and producit the said summonds dewlie execute and indorsate to 
this day and the Shreff in penam contumacie admitit the said 
summonds to the Donatour's probatioun ad probandum pro prima 
literatorie." 

The next case is one of Improbation of the execution of a 
summons, which is thus described in an entry occurring about 
August, 1584. 

xliii 



Aberdeenshire Sheriff Court: 

" Actioun and caus of improbatioun persewit at the instance 
of George Meldrum and at the instance off our Souerane Lord 
and Mr. George Barclay his M/ Procuratour Phiscall against 
Archibald Dempster " [of Halsiewalls]. 

The fourth instance which we select is o>ne of Breach of 
Arrestment, the entry occurring on gth October, 1584. 

" The said day anent the summonds of walkining in the 
actioun and caus of Breking of Arestment perseuit be our 
Souerane Lord the Kyngs Ma/ Mr George Barclay his Pro- 
curatour Fischall my Lo/ Shref be vertew of his office and at the 
instance of Gilbert Reid of Collestoun aganis William Lesk of 
that Ilk and Thomas Lesk his eldest sone this day being assignit 
be ane walkining to pronunce Interloquitor in the said caus the 
Shref continewit the samyn in eodem statu to Andirsmes Evin 
nixtocum." 

There is really only one criminal trial reported in the 1584 
volume, that of Thomas Taylor on a8th November, in which 
William Smith, the injured party, appeared to prosecute, and 
there is no mention of the Procurator Fiscal ; and the same 
remark applies to several cases of Breach of Arrestment in which 
the private pursuer alone is mentioned. In one of the latter, 
indeed on 3151 July, Mr. George Barclay appeared for the 
defence. 

It would thus appear that the Fiscal did not intervene in all 
cases of crime or quasi crime in Aberdeenshire in 1584, from 
which it may be assumed that he did not at that time hold a 
general mandate as procurator, such as are frequently found 
scattered through these books, but only a procuratory to appear 
when directed by the Sheriff. There is no trace of such an 
office to be found in the earliest diet book, nor in those of 

xliv 



General Introduction 

1557-60 or 1573-6. In the earliest there are numerous cases 
where, in the exercise of his office, the Sheriff was prosecutor. 
In Vol. II. there is one case of Breach of Arrestment, Blak 
v. Turing on January loth, 1558(9) [page 135], where the Sheriff 
is stated to be prosecutor by virtue of his office, along with the 
private prosecutor ; but where there is no mention of a Procurator 
Fiscal. As pointed out in the introduction to Volume III., there 
are no entries of a criminal or quasi criminal kind to be found 
there, so no light is derivable from it upon the two questions of 
the evolution of the office and its first appearance in the Sheriff 
Court of Aberdeenshire. Why, it may be asked, was there no 
official of this kind in the years 1503-1 1 ? The Sheriff prosecuted 
then as afterwards, his sphere of duty being practically the same 
as in the latter part of the century. There was, however, as 
elsewhere pointed out, a very great difference in the Sheriff's 
position on the bench, decisions resting in those early days 
mainly with the Barons acting as Jurors, and not with the Sheriff. 
The anomaly, therefore, of the same individual being in the dual 
position of prosecutor and judge would not be forced into 
prominence. Before 1557 things had changed in this respect; 
but even then it is obvious that pleading was not of the elaborate 
character which it afterwards assumed. When the position of 
the Sheriffs and their deputes as judges became clearly defined, 
and their Court, especially after the Reformation, became an 
arena of elaborate pleading, sustained by procurators learned in 
the law, the dual position must have been felt to be impossible, 
and one loudly calling for a remedy. What more natural in the 
circumstances, than that the Sheriff should then do what every 
other litigant, who did not or could not plead his cause in person, 
was obliged to do, appoint a procurator to act for him ? And 
so there was evolved the "Sheriff's procurator." The word 
" fiscal " was a mere descriptive addition, indicative of what was 

xlv 



Aberdeenshire Sheriff Court 

at one time the principal sphere of the Sheriff's executive 
functions, but the word " procurator " is that in which we find the 
origin of the office. So far evolution. What of the date of the ap- 
pearance of the official in Aberdeenshire ? The writer ventures to 
place it after 1560 and considerably before 1584. Mr. George 
Barclay was an advocate in Aberdeen in 1568, was acting as a 
procurator in the Court, as we know, in 1574, and apparently 
leader of the bar in 1584. If one might venture to hazard a 
guess, it would be to place the original appointment of the 
Sheriff's procurator in Aberdeenshire between 1570 and 1580. 

The present volume deals with the period to 1600 only ; 
but it may be permissible to add here that in 1629 the Sheriff 
appointed one Procurator Fiscal for civil and penal actions and 
another in criminal and capital actions. 



xlvi 



PART I. 
Records prior to 1600 



RECORDS OF THE SHERIFF COURT 
OF ABERDEENSHIRE 



The Diet Books: Vol. L, 1503-U 

In this volume are recorded apparently the whole proceedings of a 
Scottish Sheriff Court for some eight years, from July, 1503, to Septem- 
ber, 1511, of which period no other example is known to exist. The 
Court of Session did not come into being until 1532, and the proceed- 
ings of the local Courts, which were after that date influenced and 
moulded according to the pattern set by the Supreme Court, still ran in 
their ancient grooves. In this first volume, which consists of about 270 
closely written pages, we come constantly upon " the assize," trial by jury 
being the rule in all manner of cases. 

It is impossible to gather from the dates what, if any, rule was fol- 
lowed in fixing the sittings of the Court, except in the case of the three 
head Courts, Yule, Pasch and Michaelmas, at all of which the barons, 
freeholders and their suitors were bound, under penalty, to attend. Most 
of the business was transacted either on the day of the Head Court or on 
the days immediately following : but Courts sat occasionally in all the 
other months ; not, however, so far as can be judged, at set or fixed 
intervals, but with a reasonable approximation to the old law, which 
prescribed that Courts should be held every forty days. 

It will be considered natural that the Editor should try to form an 
opinion as to whether the entries in this volume were made by the Sheriff 
Clerk or his depute in Court, and transcribed afterwards from notes made 
there, or were actually written in Court The existence of signatures to 
k Acts of Court always goes far to show that the writing was done there and 
then ; but there are only two signatures in this volume. There is much to 
suggest that the writing up was for the most part done after the sittings ; 
but there are also entries, such as jottings of the evidence of witnesses, 
which must almost of necessity have been taken down at their examina- 
tion. On the whole, the conclusion arrived at is, that only a small portion 
of the entries were made at the moment, the greater part being a 



Aberdeenshire Sheriff Court : 

transcript from notes. A large part of the proceedings are naturally 
connected with the passing of land rights from the dead to the living, i.e. 
Inquests upon Brieves from Chancery to serve heirs to their ancestors' 
lands, and widows to their terce. Of these many will be found printed in 
the Collections and Antiquities of the Spalding Club. 

It will not surprise any one to observe that entries regarding 
Spuilzies, Deforcements, Lawburrows, Violent Occupation of Land, 
Violent Profits of Land, Apprisings, Obligations to enter accused persons 
for trial ancVsuch like are common. There are also Lists of Barons absent 
from Head Courts, exemptions of Barons from attending these, numerous 
lists of Jurors, relaxations from the horn, a proclamation of the Wapin- 
schaw, appointments of officials, and a variety of other matters. 

As already remarked, one feature which differentiates the procedure 
of the Sheriff Court as it is found recorded in this volume from what is 
found in all the subsequent volumes, is the supremacy of the Assize or 
Jury. The entries run " The Assize fand," " It was fundin be the said 
Assize," and that not only in the trial of Brieves or in Apprisings, but in 
all actions and disputes which came before the Court involving matters 
of fact. Formal procedure and everything relating to the orderly conduct 
of business was no doubt in the hands of the Sheriff or Sheriff depute 
who presided, but apparently nothing more. 

Several points regarding Juries may be specially noted, (i) The 
variation in the numbers of the Jury, there being apparently no absolute 
rule. (2) The competency of Jurors using their own personal knowledge 
and acting to all intents and purposes as witnesses. In sitting upon 
Brieves for the serving of heirs, of widows to their Terce and of Tutory, there 
could probably be no better witnesses to the facts than the members of a 
Jury almost certainly containing some at least of the kinsmen or intimate 
friends of the family whose estates were in question. In litigious matters 
of other kinds the reasons for the practice are not so obvious. It is clear 
however that it was not only allowed but considered to be an advantage 
that the Jury should be conversant beforehand with the facts. In the 
dispute between the Lady of Tolquhoun and George Meldrum of Fyvie 
{Infra p. 52) there was a direction to cite for service on the Jury such 
" as best knauis the werate." (3) It seems to have been allowable for the 
members of a Jury to give forth their verdict by sections, i.e. some on one 
day and some on other days (Ibid.} (4) During the course of a case the 



Diet Books: Vol. L, J503-JJ 

composition of a Jury might be added to or even otherwise altered (Ibid.} 

Another interesting feature is what may be called the evolution of 
the practice of registering bargains or contracts in the books of a Court 
with the view of afterwards invoking its aid for securing implement. 
Under the head of Registration for Execution, in Green's Encyclopedia, 
Vol. X., p. 241, the following passage occurs: "It is said that before 
writing came to be a common accomplishment, it was not unusual for 
contracting parties to appear before the Court and strike their com- 
pact in facie curiae." Of this there are various instances in this old 
volume, one or two of which may be noticed here. 

On 3 ist October, 1503, we find this entry: "The said day Johne 
Cultis of Ouchtercoule oblist him be his hande uphalding to pay to 
Gilbert Mengzeis burges of Abirdene iiii lib at back day nixt to 
cum under the pane of doublinge of the said some." 

On 9th January, 1503-4, Sir Alexander Irvine of Drum and James 
Abirnethy as procurator for Ellen Abirnethy, his sister, " ar oblist and 
suorne be the fathis of thar bodyis to stand and abid at the deliuerance 
decret ande ordinance " of certain arbiters, and in the same way, on 2Qth 
Novr. 1507 Marioun Duncansone and Georg Tailzeour hir spous on the 
one part, and Malcome of Crag burges of Aberdene, on the other part 
" was oblist and suorne the gret bodely aitht to stand and abid at the 
finall Decreit" of certain "amicabill compositours." 

There can be no doubt that the object of putting such bargains on 
record was both to preserve them and also to lay a foundation for 
invoking the aid of the Court in case of non fulfilment, or, in other 
words, for execution. 

The breach of a contract made under the sanction of an oath had 
for long before this time made the wrong-doer liable to be brought under 
the ban of the Spiritual courts and subjected to the sentence of " cursing " 
and excommunication. This, however, was felt to be a round-about 
method, and a movement had for some time been in progress towards 
adding civil remedies of a more direct character for the enforcement of 
obligations. Fortunately there has been preserved in this volume a very 
fine example of both the old way and the new. 

At the Head Pasch Court held by William, Earl of Erroll, the then 
Sheriff, on 2gth April, 1511, a contract between Andrew Elphinstone of 
the Selmys on behalf of Bishop Elphinstone and Johnne Fyndo', 



Aberdeenshire Sheriff Court 

wright, for executing the wood work of the great steeple of the Cathedral 
Kirk of Aberdone, was put on the books of Court. The agreement bears 
to have been come to on the i8th April, so very probably it had been 
reduced to writing, although there is no evidence of its having been 
signed or witnessed. A copy of the contract will be found at page 102, 
where it will be seen that the tradesman consented, in case of his failing 
in any of the points of his bargain, to come under the Commissary for 
cursing and under the Sheriff for rebellion and putting to the horn, and 
that, in addition, he appointed procurators to enact him beiore the Lords 
of Council under the " pains foresaid." This is a very early and very 
complete example of what is really and in effect a consent to registration 
for execution. An early instance of registration for execution (1517) is 
referred to by Dr. Hill Burton, Register of the Privy Council, Vol. I., p. xix. 

It may be remarked (and this may prove disappointing to lovers of 
the picturesque or sensational) that no criminal decisions of a serious 
kind are to be found in this volume, and that there is no trace of cases 
involving the personal relations or succession to moveable property. 
This is of course to be accounted for (i) by the absence of the necessity 
for keeping a record of any punishments except fines, on the principle 
that where delinquents were put to death or banished they were finished 
with, whereas fines had still to be recovered ; and (2) that alongside of 
the Sheriff Court there were the Consistorial Court, the Baillie Court, and 
all the Courts of Regality and Barony. The first of these especially was 
in many respects the most powerful and far reaching in its jurisdiction. 
There was also, for the trial of the four pleas of the Crown and other 
serious cases, the Justice Ayre, corresponding in a general way to the 
Circuit Courts of Justiciary of a later day. 

Another disappointing feature of the volume is the incomplete record 
of many of the cases initiated. They are noticed in one short entry and 
never re-appear. Two reasons may be assigned for this, one being the 
amicable settlement of the disputes by the intervention of mutual friends. 
Cases were frequently continued in hope of concord, a hope apparently 
often well founded. This was as it should be ; but it is impossible to 
regard with the same complacency the other cause, namely, the neglect 
by the Sheriff Clerk or his depute to write up the Court Book. It seems 
plain that the blank pages and half-pages frequently found were left as 
space for entries to be afterwards made but which were never filled in. 



Table of Contents of Vol. I. of Diet Books 



Date. 



Nature of Entry. 



Parties. 



Subject or A'es Gestae. 



1503. Spuilzie. 
Before 
July 31. 



Patrick Gordoun Wardar 1 8 score bolls of oats, Hill of 
of the Lands of Mel- Bethelnie. 
drum v. Murtho, 

Thomas Murtho and 
others. 



July 31. List of absent Barons (ap- 
parently incomplete). 

Octr. 3. Head Court. List of 
absent Barons. 

Special Service. Elizth. Ogistoun one of Lands and Barony of Polgovny 

l(Ant. A. & B. III. 170.) the heir portioners of Lands of Schethin, Kavy- 
Walter Ogistoun. stone and Craigy. 



Special Service. 



Special Service. 

(Ibid. IV. 120.) 



Special Service. 

(Ibid. III. 93-) 

Special Service. 



Service. Terce. 

(Ibid. III. 126.) 

Service. Terce. 
Service. Terce. 



Janet Ogistoun, one of 
the heir portioners of 
Walter Ogistoun. 



Do. 



William Borthuyk son of Lands and Barony of Aber- 

William, Lord Borth- dour, 
uyk. 

William Turinge son of Lands and Barony of Fouer- 

John Turinge. ane. 

Alexander Earl of Huntlie Lands of Collerlys. 
son of George Earl of 
Huntlie. 

Margaret Leslie widow of Lands of Ardendracht Auch- 

William Hay. shallow and others. 

Katherine Waus widow of Lands and Barony of Fouern. 
John Turinge. 

Isabella Lindesay widow The Mains of Lessendrum and 

of Patrick Bisset. others. 



Service. Terce. Margaret Forbes widow of Mains of Tolquhon, Meikle 

(Ibid. III. 63, Note.) Malcolm Forbes. and Little Ythsies, Balgove, 

Fouchill, Park of Fyvie 
&c. &c. 



I These references are to abridgements of Services printed in Antiquities of Aberdeen and 
Banff (Spalding Club). 



Aberdeenshire Sheriff Court : 



Date. Nature of Entry. 

1503. Special Service. 
Octr. 3. 



Apprising. 



3rd Action of Violent Profits 

and of Land. 

4th. 



31. Lists of absent Barons and 
of Assize. 

Action for Implement and 
Damages. 



Order by Sheriff. 

Sentence of Fine. 
Spuilzie. 

Verbal Bond on oath. 
Action for delivery. 
Bail Bond. 
Lawborrows. 

Lawborrows. 



Parties. 

Robert Innes son of Wal- 
ter Innes of Invermarkie. 



The Bishop of Aberdeen v. 
Thomas Sanquhar. 

John Gordone of Lungar 
v. the Laird of Ass- 
wanly Mildune and 
William Tailzeor. 



Subject or Kes Gestae. 

^th part Auchlevine Four 
oxengait of Ardune one 
half oxgait of Herelaw. 
(Repeated in a more careful 
form on 16 Apl. 1503-4 
infra. ) 

Two merks worth of the 
Lands of Murcroft. 

Two ploughs of the East Park 
and Middlehaugh (appar- 
ently of Mildune). (The 
evidence is recorded in this 
case.) 



Sir John Rutherford v. 
John of Allerdes other- 
wise John Allerdes of 
Badenscothe. 



To compel signature of 
Charter of ground in Ship- 
row of Aberdeen and for 
damage in consequence of 
failure to do so. 

Barons and Freeholders to 
bring their seals to the 
Court. 

Gordon v. Laird of Ass- Calder of Assuanley fined for 
uanly. non attendance 

Isabell Lindesay widow of A mare. Continued to next 
Lessendrum v. Johne of Court. 
Gardin. 



Gilbert Menzies Creditor 
v. John Cultis of Ouch- 
tercoule Debtor. 

Isabell Lindesay widow of 
Lessendrum v. Angus 
Findelasoun. 

William Urry of Petfiche. 



4 Scots. 



Division of Moveable Estate. 



To appear on third day of 
next Justice Ayr (Charge 
left blank). 



The alderman balzeis &c. Caution by Alexr. Mortimer 
of Aberdeen and their of Craigievar for Petfichie. 
tenants of Tulloch v. 
Urry of Petfichie. 



The alderman balzeis &c. 
of Aberdeen and their 
tenants of Tulloch v. 
John Nory and Sande 
Wilsoun. 



Caution by Johne of Keitht. 



Diet Books: Vol. I., Contents 



Date. 



Nature of Entry. 



Parties. 



Subject or Res Gestac. 



1503. Protestation for expenses. Isabell Lindesay Lady of 
Octr. 31. Lessendrum v. Angus 

Findelasoun. 

Lawborrows. Town of Aberdeen and Caution by Robert Davidson, 

tenants v. Robt. and 
Andrew Davidson. 

Lawborrows. Town of Aberdeen and Caution by Walter Philip, 

tenants v. Walter Philip. 

Lawborrows. (Not specified) v. James Caution by Alexr. Skene of 

Smith. that Ilk. 

Sentence of Fine. Alexr. Fraser John Doug- Fined for not appearing being 

las Andw. Fraser of cited and called (in what 
Stoniewood Robert capacity does not appear). 
Findelay John Fraser 
Wm. Mar Henry Ray 
Alexr. Fraser. 



Action for delivery. 



Royal Letters. 



1503-4 Head Court. List of 
Jany 9. absent Barons. 

(Ant.A.&B. II. 3.) 

Submission. 



List of Assize. 



Patrick Murray of Co- 
bairdy v. Isabell Linde- 
say Lady of Lessendrum. 



Sir Alexr. Irvine of Drum 
and James Abirnethy 
for Ellene Abirnethy 
his Sister, widow of 
George of Gordon. 



Action concerning certain 
threaves of bear and oats. 
Continued of consent to next 
head court in hope of con- 
cord. 

Release of James Blak from 
the Horn for manslaughter 
of Robert Watsoun. 

List of Suitors admitted. 



Terce of the Lands of Craok. 



Lord Huntly's service 
Lands of Collarleis. 



to 



Apprising. 

Apprising. 
Spuilzie. 



Duncan Forbes in Skene 
and Chrisliane Messr. 
his Spouse v. Patrick 
Gordone. 



Alexander 
Quyltis. 



Chamer 



Lands of Auld Johnsleis. 



of Lands of Quyltis (Cults) in 
Cromar. 



William Christisonne v. A horse. Defender protests 
Androw Crag of Cragi- against Pursuer for not 
ffintray. insisting and for expenses. 



Aberdeenshire Sheriff Court : 



Date. 



Nature of Entry, 



Parties. 



Subject or Res Gestae. 



1503-4. Action for delivery. 
Jany. 9- 



Deforcement. 



Deforcement. 



Action for Violent Profits 
of Lands. 
(Supra 3 4 Oct. 1503.) 

Continuation of undecided 
cases to 1st Feby. 

II. Apprising. 



Feby. i. Deposition of two Wit- 
nesses as to a Spuilzie. 

Continuation of all cases 
to 27 Feby. 

Head Court. 

1504. Special Service. 
April 16. (Ant. A. & . III. 44-8.) 



Spuilzie. 



Action of delivery. 



Lady of Lessendrum v. Defender's protestation for 
Murray of Cobairdy. Pursuer not insisting. 

(Supra 3 ist Oct.) 

Williame Malvin Mair A witness depones that Roy 
Depute v. Duncan Roy. retook xvii. cows & oxen 
from the officer. 



Thomas Bisset Mair of Fee 
v. Alexander Cowtis of 
Ouchtercoule. 

Johne of Gordone v. Cal- 
der of Assuanley. 



Alexander Chamer of 
Quyltis v. Androw Tuly- 
deff of that Ilk. 



Evidence that 
two horses. 



Couts retook 



Another Interlocutor. 



Two parts Little Warthill. 
Three merksworthof Rothe- 
mais. Two merks worth of 
3d part of Lethintusche. 
Four merks worth of Mos- 
feld. 2/8d. worth of 
Orchartoun. 



Robert Innes son of Walter 
Innes of Invermarky. 



4th part Lands of Auchlevin 
4 oxengait of Ardune )4 
oxgait of Harlaw. 
(Supra 3rd Octr. 1503.) 

Adam Cragy John Tail- Three cows. Offer by De- 

zeour David Gibsone v. fender to submit to Lord 

Patrick Gordoune of Huntly's decision. 
Johnsleis. 



Action of Reduction of a 
Lease. 



Warrandice. 



Special Service. 



Thomas Frostar v. Alexr. 
Wentoun. 

Patrick Gordone of Johns- 
leis v. William Gordone 
and James Chene. 

Thomas of Laysk v. Alexr. 
Bannerman in Knavan. 



Citation to appear on 14 May 
next. 

I4th May assigned to Johns- 
leis to disprove assedation 
produced. 

To relieve of rent of 3d part 
Lands of Knavane. 



Alexander Earl of Huntlie Superiority of Lands of Easter 

son of George Earl of Belty and Wester Belty 

Huntlie. Gordone. 

8 



Diet Books: Vol. L, Contents 



Date. 



Nature of Entry. 



Parties. 



1504. 
April 16. List of absent Barons. 



May 8. 



Continuation of Court to 
I4th May. 

Blood drawing. Caution Katherine Andersone v. 
to appear. David Colp. 



Subject or Res Gestae. 



William Colp to enter his son 
David on 1st June to answer 
for blood drawing of Kath- 
erine Andersone. 



14. List of absent Barons. 

Special Service. Henry Lord Sinclar son Barony of Newburgh. Fish- 

(Ant. A. & B. III. p. 103. of William Lord Sine- ings on the Ythan. Town 

Heading there should lar. of Newburgh. 

be 1504.) 



Spuilzie. 



John Reide v. Ormunde 
in Pettodry, John 
Donaldsoun, and Wm. 
Diky. 



A stack of oats claimed by 
Pursuer. Proof fixed for 
1st June. (Two entries in 
succession. ) 



Fine of Mair of Fee and Thomas Bisset & Thomas Not putting a precept of the 

Depute. Strath. Court to execution. 

Action for rent. Protesta- Alexr. Bannerman in Cullen protested for expenses 

tion. Knavan v. Thomas of and for new Citation. 
Cullen. 



Delivery and Payment. 
(Supra April l6th.) 



Apprising. 



June I. Blood drawing. 

(Supra May 14.) 

List of Absent Barons. 

Service. Terce. 
(Ibid. III. 167, Note.) 



Protestation. 



Thomas Frostar in Andat 
v. Alex. Wentoun of 
Andat. 

Elizabeth Countess of 
Huntlie v. Alexr. Earl 
of Huntlie. 



Katherine Andersone v. 
David Colp. 



Margaret Ogilvy widow of 
James Earl Buchan. 



Thomas Thomsone in 
Torry v. John Dunbrek 
of that Ilk and James 
Rait. 



Eight ewes 
profits. 



and 36/- for 



Six marks worth of the Lands 
of Smithetoune of Notht 
f r 50 owing to the 
Countess. 

Continued to Head Court on 
1st Octr. under pain of ^10. 



Lands of Allathain, Gran- 
doune, Persly, Crabstoun, 
Aylhouse of Cairntrailzeane, 
Mains of Glenuchtill and 
Mill thereof, Auchmedane, 
Petnacadall, Glenhouse. 

Defenders protest for expenses 
and new citation. 



Date. 



Aberdeenshire Sheriff Court : 



Nature of Entry. 



Parties. 



Subject or Kes Gestae. 



1504. Spuilzie. Depositions. 
June I. (Supra 14 May.) 



Spuilzie. Decision. 
(Supra.) 

Lawborrows. 



Action for rent. 

(Vide 14 May.) 

Continuation of undecided 
cases to 3151 July. 



John Reid, Pardoner, v. Stack of Oats. Examination 
Ormund in Pettodry and of Witnesses, 
others. 



Do. 



Lady of Tolquhon v. Johne 
Pantone of Petmethane. 



Defenders acquitted of taking 
the Stack. 



Bannerman v. John of Rent of Knaven. Proof fixed 
Cullane. for I7th June. 



Appointment of Procura- Reid v. Ormunde and Ormonde in Pettodry John 

tor. others. Donaldson and William 

(Supra. ) Diky appoint Thomas 

Leslie. 

Appointment of Procura- Sir Wm. Muresounz<.Wm. Sir William Muresone appoints 

tor. Watsoun, John Wilsoun, Sir William Elphinstoun 

and Logyruf. Rector of Clatt, Gilbert 

Mengeis and John Mar to 

sue an action of Spuilzie. 

July 31. Obligation of Neighbour- Margaret Leslie widow of To keep neighbourship to Sir 
ship. Wm. Hay of Arden- Gilbert Hay of Arden- 

draucht. draucht. 



Damages. 

List of Jury. 
Spuilzie. 

Warranty. 
Spuilzie. 

Execution of Summons. 



Sir Gilbert Hay of Arden- Damages through want of 
draucht v. Margaret neighbourship. Continued 
Leslie. to Law day after Michael- 

mas Court. 



Sande Stut v. William 
Maitland in Chapeltown 
of Schewiss. 



A mare. Acquittal. 



John Crokat v. Alexr. A cow. 
Andersone. 

Sande Stut v. Margaret A mare. Contd. to Law day 
Charteris Lady of Glen after Michaelmas. 
kindy. 

LadyofGlenkindyz*. Thos. For wrongous occupation. 
Pantone of Petmethane Breach of arrestment. 
Thos. Symsone Sande (One summons. ) 

Stut at Mill of Auchna- 
gatand Robt. Johnstoun. 



Octr. I. Head Court. List of 
absent Barons. 



IO 



Diet Books : Vol. L, Contents 



Date. 



Nature of Entry. 



Parties. 



1504. Special Service. John Chamer Son of 

Octr. i. (Ant. A. & B. III. 383.) Thomas Chalmer. 



Service. Terce. Beatrix Hay Widow of Sir 

(Ibid. III. 242, Note.) Alexr. Gordone of Myd- 

mar Knight. 



Service. Terce. 
(Ibid. III. 592.) 

Two entries of Suitors. 
Apprising. 



Continuation. 



Blood drawing. 
Repledging. 



Appointment of Mair 
Depute. 

Substitution for service at 
Courts. 



Isabella Rait Widow of 
Pat Murray of Culbarde 
(Cobairdy). 



The Crown v. Andrew 
Fraser of Stanywod. 



Master of Erroll as Tutor 
of Gilbert Waus of 
Many v. Lawrence 
Couts. 

Margt. Schand v. Alexr. 
Smyt. in Tibberta. 



Subject or Res Gestae. 

Lands of Strachechin (Stri- 
chen) j^ part Lands Ros- 
cheveot. 

Beldestoun, Carnttrailzeane 
and Mill thereof, Mekle 
Glasgow, Auchmule, Daw- 
aucht of Abirgeldy, Daw- 
aucht of Eistone, Barony of 
Mydmar. 

Lands of Colbardy. 



Maynes of Mukhole, Auch- 
chat, Nether Corsky, Wat- 
tertoun and Mill, 2 parts 
Maynes of Kinmondy for 
composition and new infeft- 
ment. 



Putting to the horn. 

Citation at Market Cross. Wat Traill. 



William Watt at the Kirk 
of Clat. 



Repledged to Henry Abbot 
of Lindores and his Court 
on this day 20 days. 

(An action of Spuilzie of oats 
mixed up with this was 
contd. in Sh. Court to 22 
Octr.) 

John Bannerman appointed 
Mair Depute. 

Ranald Oudny appointed to 
serve at Courts in place of 
his father William Oudny 
of that Ilk. 

Slaughter of Andro. Bonamak. 



to foregoing 



Continuation of undecided 
actions. 

22. Special Service. 

(Ibid. III. 562.) 



Walter Dempster son of 
John Dempster. 



To answer 
Slaughter. 

To 22nd Octr. 



Barony of Auchterles. Town 
of Polglassy. 



H 



Aberdeenshire Sheriff Court : 



Date. 



Nature of Entry. 



Parties. 



1504. Special Service. Alcxr. Stratoun son of 

Octr. 22. (Ant. A. & . III. 562.) Alexr. Stratoun of Law- 

rcnstoun. 



Service. Terce. 
(Ibid. III. 562, Note.) 



Eflfeme of Murray Widow 
of John Dempstar. 



Wrongous Intromission. 



Entry of Suitor. 



Alexr. Tulloch of Mon- 
coffir v. Wm. Wodman. 



Subject or Res Gestae. 

Lands of Kintocher in Barony 
of Cluny. 



Polglassy, Nether Ordley, 
parts of Thomastoun, Small 

burn, Haltoun of , 

Muiresk, Ordmedyll, Forth - 
ry, Mains of Lathers and 
Mill thereof, Rothloth, 
Dunlathers, Glaslaw and 
Mill thereof. 
(This entry somewhat torn.) 

Various articles of armour. 



John Dumbrek of that Ilk. John Tulzeot., Suitor. 



Novr. 



Act of Caution. Ravish- Alexr. Coupland of Ud- 
ing a maiden. daucht. 



9. Appointment of Curators. Wm. Forbes of Tolquhon. 



18. Court at Drumblade. Ab- 
sents fined. 



Caution by Sir James Crichtone 
to enter Coupland the 3d 
day of next Justice Ayr. 
Coupland and his son Alex- 
ander give obligation of 
relief. 

(Entry torn.) 

Curators appointed were Wil- 
liam Earl Marischal and 
John, Lord Forbes. 



19. Court at Wardhouse. 



1504-5. Special Service. 
Jany. 7. 



Special Service. 

(Ibid. III. 592.) 



James Nory. 



The Laird of Grantully v. 
Johne Halibourtoune. 



John Leslie of Warders v. 
John Troup of Conia- 
legy. 

George Gordone Son of 
Sir Alexr. Gordone of 
Mydmar. 

Alexr. Murray son of 
Patk. Murray. 



Citation of Witnesses to Aber- 
deen Mead Court on 7th 
January. Pursuer to pay 
witnesses expenses. 

Case continued to Court to be 
held at the "Furd of 
Sleoch" in Drumblade on 
5th March next. 

Calder of Assuanly fined for 
absence. 

This case continued to Court at 
Wardhouse on nth March 
next. 

Barony of Aberzeldy. 



Lands of Cuchberdyis (Co- 
bairdy) Barony of Fren- 
draucht. 



12 



Diet Books: Vol. L, Contents 



Date. Nature of Entry. Parties. Subject or Res Gestae. 

John Chamer son of Thos. Lands of Corsgicht. Lord- 



1504-5. Special Service. 
Jany. 7. (Ant. A. & B. III. 592.) 

Special Service. 

(Ibid. III. 589.) 



Special Service. 

(Ibid. II. 11.) 



List of absent Barons. 
Inhibition or Suspension. 



Apprising. 



Deforcement. 



Deforcement. 



Deforcement. 



General Continuation of 
undecided cases. 

Feby. I . List of absent Barons. 

Special Service. 

(Ibid. III. 340.) 

Special Service. 

(Ibid. III. 551.) 



Chamer. 



ship of Fedra. 



James Dunber son of Sir Lands of Petquhyse. 
James de Dunber of 
Cumnok Knight. 

Elizabeth Ouchterarne one Lands of Ouchterarne in 
of the daughters of John County of Mar. 
Ouchterarne. 



Christian Hay Lady of 
Tullidefff . John of Myln 
and Wm. Myln. 

The Crown v. Fraser of 
Staniwod. 

Robert Douguid of Auch- 
nahuff and Johne Koss of 
Auchlossin. 



Protestation. 



Robert Douguid of Auch- 
nahuff. 



Robert Douguid of Auch- 
nahuff. 



Alexander Cuming son of 
Alexr. Cuming of Cultyr. 

William Forbes son of 
Malcolm Forbes of 
Tolquhon. 

Katherine Cullan Widow 
of John Duncansone and 
others v. George Tail- 
zeour and Spouse. 

Duncan Forbes in Skeine 
v. Alexr. Johnstoun of 
that Ilk. 



Sheriff inhibited by the Bishop 
of Aberdeen from further 
proceeding. 

Lands of Mains of Mukholl. 



Depositions of Witnesses that 
Thomas Bisset Mair of Fee 
and William Melvin his 
depute deforced. 

Dogud obliges himself to 
stand by decision of Sir 
Alexr. Irvyn and Alexr. 
Bannerman Sheriff Depute. 

Continuation to Court on 1st 
Febry. 

Do. 



Lands of Tuliboy. 
Cultyr. 



Lands of 



60 particates in the Burgh of 
Barony of Fyvie. 



Forespeaker for Katherine 
Cullan protests for Costs 
and new Citation. 



Lands of Inglestoun. Proof 
allowed to Maister Davy 
Guthre, Provost of the same 
as forspeaker for Forbes at 
Drumblait on 5th March 
next. 



Aberdeenshire Sheriff Court : 



Date. 

l54-5- 
Feby. I. 



I55- 
Apl. 3- 



Nature of Entry. 
Judicial Submission. 



Parties. 

John of Cullane v. Duncan 
Gordone. 



Subject or Res Gestae. 

Spoliation of certain "muk, 
hay and other gudis." Also 
the terms of an assedation 
to be granted to Gordon of 
Lands of Knavane belong- 
ing to Cullane. 

Trial of a Charge of Theft. Duncan Thomsone of The Jury decided that the 
Auchinhampcrz/. Thomas "Borcoms" found by ac- 
Alexandersone. cuser were of " nayn avale " 

and acquitted accused. 



Spuilzie. 



Spuilzie. 



Continuation of undecided 
cases. 

Act of Caution. 



William Blackball of that 
Ilk v. James Urtane in 
Auchinfourty. 

John Wat in Glasco of 
Knokinblewis and John 
Patry there v. Duncan 
Mortimer in Nether 
Auchquhorty and Alexr. 
Forbes of Auchorty. 



Thos. Coup. 



List of absent Barons. 

29. Special Service. John Forbes son of Alexr. 

Forbes of Kynnaldy. 

Special Service. John Lyon brother of 

(Ant. A. & B. III. 335.) George Lord Glamys. 



Act of Tutory. 

Special Service. 

(Ibid. III. 260.) 

Tutory of John Lord 
Glamys. 



David Lyon nearest agnate 
to John Lyon. 

Thomas Chawmer son of 
Alexr. Chawmer 



9 Thraif of aits 5 Thraif of 
beir. Accused fined and 
restoration ordered. 

A gray horse and a hewing 
axe. A Conviction. 



Continued 
Court. 



to Pasch Head 



Securities to enter him at 
Justice Ayr for Slaughter of 
Wat Makinneoche. Certain 
persons become sureties and 
John Forbes Fiar of Brux 
becomes " overborghe." 

Lands and Barony of Kyn- 
naldy. 

Barony of Behelvie Lands of 
Ardendraught and Collis- 
toun Courtestown in the 
County of the Garioch. 

Appointed Tutor. 



Lands of Quyltisin Mar. Lands 
of Little Methlik in Buchan. 

Cautioners for Tutor David 
Lyone of Breky James Lind- 
say for Earl of Crawford 
Thomas Wod for Sir Alex. 
Guthrie of that Ilk William 
Master of Erroll Sir Gilbert 
Hay of Ardendracht Sir 
Alexr. Crabmond of that 
Ilk Patrick Reid of Collision 
Wm. Lyon of Estirogill for 
rents of Lands in all Scot- 
land. 



Diet Books: Vol. I., Contents 



Date. 



Nature of Entry. 



Parties. 



1505. Service. Terce. Margt. Burnat widow of 

Apl. 29. (Ant. A. & B. III. 418.) John Blackball of Bar- 

roche. 



Service. Terce. 

(Ibid. III. 260.) 



Action for Payment. 
Spuilzie or Theft. 

Entry of Suitor. 

Deposition of Witness. 
Tutory of Lord Glaniys. 

Tutory of Lord Glamys. 



Continuation of undecided 
cases. 



Mariota Mathesone widow 
of Alex. Chamer of 
Quyltis. 

Mr. Henry Lindsay v. 
Laird of Skene. 



Subject or Res Gestae. 

Lands of Mekle Fynersy, 
Little Fynersy, Monecht, 
Overtoune of Curtastown, 
% Lands Barroche of 
Bourty. 

Lands of Quyltis, Little 
Methlik, c. 



Andrew Lesly v. Andrew 
Ellis or Ellisone. 



Lesly v. Ellis or Ellisone. 



Citation to Defender to appear 
on I yth May next. Sum 
sued for 8 merks. 

Citation to Defender to appear 
on I yth May for spoliation 
of a gray horse. 

Suitor for Walter Dempstar 
of Auchterless. 



Appointment by John Earl 
of Crawford of Procurators. 
Dated at Doune 27th Apl. 
I505- 

Do. by Sir Alex. Guthrie of 
that Ilk. Dated at Brechin 
26th Apl. 1505. 

Court continued to 1 7th May. 



May 2. Special Service. 

(Ibid. III. 446.) 



Service. Terce. 

(Ibid. Note.) 

17. List of Absent Barons 
fined. 



George Abircromy son of 
Alexr. Abircromy. 



Marjorie Mowat widow of 
Alexr. Abircrombie. 



Lands of Murlhill, Petmeth- 
ane, Petmachie, % Part of 
Ardune, all in the Gareoch. 

Lands specified in immediately 
preceding service. 



Action for payment. 



Protestation. 



Mr. Henry Lindsay v. 
Alexr. Skene of that Ilk. 

George Cromy of Petmed- 
ane v. George Cromy 
Johnne Coupar, Thos. 
Mechale, Adam Troup. 



Decree for Four merks as 
price of a horse. 

Protestation for expenses and 
to be heard. 



George Tailzeor v. Kath- 
erine Cullane and others. 



Do, 



Aberdeenshire Sheriff Court : 



Date. Nature of Entry. 

1505. Spoliation or Theft. 
May 17. (Supra 29 April.) 



Theft. 



June 7. Thefts. 

(Sufra 29 Apl. & 17 May.) 



July 1 5. Apprising. 

Deforcement. 
Wrongous intromission. 



Parties. 
Leslie v. Ellis or Ellisone. 



John Pantone of Petmeth- 
ane v. Sande Proudy 
and others. 

Leslie Panton v. Ellisone 
Proudy and others. 



21. Deforcement. 



Special Service. 

(Ibid. III. 89, 560.) 



Special Service. Terce. 
(Ibid. III. 90.) 



The Crown -a. the 
James Harman of 
Thanestoun. 



late 



Mair of Fee v. George 
Meldrum of Petkerry. 



Subject or Res Gestat. 

John of Mar finds "ane borgh" 
to prosecute. The Laird 
of Balquhain is surety for 
him and Robt. Dogud of 
Auchnahoof suretie to enter 
Ellis on 7th June. 

Theft of Oats. Pantone finds 
"borgh" to pursue. 



The various accused entered, 
and whole parties bound to 
appear to prosecute and 
defend on the third day of 
the Justice Ayr under 
penalty of ^40 Scots. 

Parts of Lands of Thanestoun. 
For Fines, &c. in last two 
Courts of Justice Ayr. 

Unlaw of the Commissaries of 
the Burgh of Fyvie. 



Wm. Blakhall of that Ilk Order on Defenders without 
William Forbes of prejudice to restore two 
cows a mare and other 
effects and parties to appear 
on the Law 
Michaelmas. 



Lathindy and John Cout. 



Defenders. 



day after 
Protest by 



Mair of Fee v. Alex. Skcne Fined for non attendance, 
of that Ilk. Deposition as to deforce- 

ment. 



Sept. 30. Head Court. List of 
Absents fined. 

Special Service. 
(Ant. A. & B. III. 64.) 

Special Service. 

(Ibid. III. 590.) 



John Forbes grandson to 
Elizth. Gareauche. 

James Dunbar grandson of 
Sir Alexr. Dunbar of 
Westfield. 

Alexr. Buchan brother of 
Andrew Buchan of 
Auchmacoy. 



Mariore Craufurd widow 
of Andrew Buchan. 

16 



The Lands of the two Tulli- 
gownies. 

Lands of Canze. 



Lands of Auchmakoy and 
Oykorn. Annual rent of 
two merks from two parts 
of Faithlie, Barony of Kin- 
edward. Lands of Mekle 
Creche in Lordship of 
Federay. 

Lands as above and of the 
Lands of Innerwherny. 



Diet Books: Vol. I., Contents 



Date. Nature of Entry. 

1505. Bishop's second Teind 
Sept. 30. 



Breach of Arrestment. 



Special Service. 
(Ant. A. & B. III. 560) 

Octr. 30. Special Service. 

(Ibid. III. 221.) 



Release from Horn. 



1505-6. Head Court. 
Jany. 13. Barons fined. 



Special Service. 

(Ibid. III. 276.) 

Special Service. 



Special Service. 



Special Service. Terce. 
(Ibid. III. 42, Note.) 



Service. Terce. 
(Ibid. III. 167, Note.; 



Special Service. 

(Ibid. III. 52.) 



Parties. 
Bishop of Aberdeen. 



Blakhallofthatllktf.Wm. 
Forbes of Lathindy and 
John Colt or Cout. 



Subject or Res Gestae. 

Assigned by Jury 4 merks and 
8 pennies worth of Wal- 
carhill of Fischrie for second 
teind during all terms of 
the Ward. 



Arrestment 
avail. 



declared of no 



Alex. Buchan Brother of Lands of Innerwherny in 
Andrew Buchan. Lordship of Auchterless. 



Thomas Fraser son of Sir 
Andrew Fraser of Stanc- 
vod. 



Absent 



Lands and Barony of Stane- 
vod. Lands of Kinmondy 
in Barony of Andan. This 
inquest held in the house of 
Sir John Striiieling. 

Finlay Duyr, who had been 
denounced Rebel at Justice 
Ayr at Banff. 



David Menzeis brother of Lands of Mydil Petfodells. 
Alexander Menzeis. 



William Forbes of Tollys 
son of Duncan Forbes 
of Tollys. 



Lands of Broddye in Barony 
of Kynnardy. 



John Gordone son of John Two part Lands of Under 



Gordone of Lunger. 



Mariore Cullane widow of 
Henry Annand of Ouch - 
terellon. 

Margaret Ruthvane Coun- 
tess Buchan widow of 
Alexander Earl of 
Buchan. 

Alexr. Annand Son of 
Henry Annand. 



Auchsuanly Two parts of 
Carneargat Lands of Wester 
Candopark ^ Lands of 
Newbigginge In Dauach of 
Auchswanly and Lordship 
of Strathbogie ^ Town and 
Lands of Chapeltoun of 
Schives in Barony of Schives 
Lands of Auchluchre Lands 
of Bachmago also in Barony 
of Schives. 

Lands of Ouchterllon annual 
rent of 20 merks from 
Methlik. 

Lands of Grandon Perslie 
Crabstone Ailhouse of 
Cairntrailzeane. 



Annual rent of 20 merks from 
Methlik. 



Aberdeenshire Sheriff Court: 



Date. 



Nature of Entry. 



1505-6. Special Service. 
Jany. 13. (Ant. A. & B. III. 449.) 



Parties. Subject or Res Gestae. 

Andrew Lesly son of Wil- 3 oxengait of Buchanstoun I 

. J . " A _. J T> lltl _ 



liam Lesly. 



oxgait in Ardune Regalitie 
of Gareauch. 



Service. Terce. 



Bishop's second teind. 



Service. 



Special Service. 

(Ibid. III. 590, Note.) 



Apprising. 

Feby. 21. List of Absents. 

Disputed Ownership. 



Elizabeth Leslie widow of Medil Petfodellis. 
Alexr. Menzeis of Medil 
Petfodellis. 



Bishop of Aberdeen. 



James Dunbar grandson 
of Sir Alexr. Dunbar of 
Westfield. 



Assignation to him of certain 
sums from Auchmull, Crab- 
stone &c., the Earl of 
Buchan's Lands. 

List of Assize for Lady of 
Stanevod's Breive. 

Lands of Colmstye (Comisty) 
Lordship of Frendracht. 



Malcolm Drummond of Five merks worth of Lands of 
Megour v. Alexr. Wen- Andait. 
tone. 



Henry Forbes of Thane- p'ive thraiff of oats. Examin- 
stone v. Mariore ation of Witnesses. 
Watsone. 



1506. Head Court. Absents 
Apl. 21. fined. 

Deforcement. 



Special Service. 

(Ibid. IV. 442.) 



Special Service. 

(Ibid. III. 590.) 



Blood drawing. 
Spuilzie. 

Lawborrows 



The Mair of Fee v. Robt. 
Lumsdaill of Madlar. 



Evidence led about the horse 
which Lumsden took from 
officer. 



John Forbes to his great- % Lands of Faithly % Lands 
grandfather Sir Alexr. of Synaboth ^ Lands of 
Forbes of Petsligo. Drumalloche. 

James Dunbar grandson of Lands of Conzhe. 
Sir Alex. Dunbar of 
Westfeld. 

Catherine Sclugy v. Wat Convicted by the Assize. 
Patersoune. 

Johnne Ryne v. Thos. Defenders protested for ex- 
Cumyne John Willok penses and new Summons, 
and Sande Andersoun. 

Thomas Alexandersone v. Lord Forbes cautioner in 
Robert Lumsdaill of 100. 
Madlar. 



18 



Diet Books: Vol. I., Contents 



Date. Nature of Entry. 

1506. Violent Occupation. 
Apl. 21. 



Continuation. 
Genl. Continuation. 
May 12. Absent Barons fined. 
General Service. 



Violent Occupation. 
(Supra April 21). 

Warrandice. 



Spuilzie. 



Deposition of Witnesses. 



Warning to remove. 



Parties. 

John Crichtoun v. Elene 
Couts widow of John 
Reid 

Henry Forbes of Kinellar 
v. Mariota Watsoun. 



Subject or Res Gestae. 

Warrandice of Lease of West- 
town in Croniar. 12 May 
assigned for proving. 

Contd. to 12 May. 
To 12 May. 



June 6. 



John Skein son of Janet 
Moresoune. 

Crichtoun v. Elene Couts 



Elene Couts v. William of 
Goidone. 



Lady of Tolquhone v. 
George Meldrum of 
Petkervy. 



William of Gordone v. 
Elene Couts. 



Appointment of Procu- by Andrew Ellisone. 
rators. 



Absents fined and List of 
Assize. 

Spuilzie. 



William Gray v. David 
Riddaill. 



Service. Terce. Janet Guthrie widow of 

(Ant. A. & B. III. 33.) William Herrowir. 



Deforcement. 
Spuilzie. 

Spuilzie. 



Mair of Fee v. Lumsdaill 
of Madlar. 

Lady of Tolquhone (Margt. 
Forbes) v. George Mel- 
drum Fiar of Fyvie. 

Forbes of Kinellar v. 
Mariota Watson. 



Finding of Jury against Elene 
Couts West town of Cromar. 

Finding of Jury that William 
of Gordone son of late Sir 
Alexr. Gordone of Mydmar 
bound to warrant lease of 
West-town of Croniar. 

Two oxen. Contd. to Michael- 
mas Head Court on account 
of importanceof case and few 
barons present. Evidence 
to lie in retentis. 

A horse case, an assault case, 
a Deforcement. 

West- town of Cromar. 



For Court on 6th June in case 
about Spoliation of horse. 



Convicted and fined for taking 
an ox out of lands of 
Drumbrek. 

Part of Lands of Ardgrayne. 



Contd. to Court at Auchen- 
toull on 1 6th June. 

Two oxen. Contd. of consent 
to 3rd July for judgment. 

Continued of consent to 3rd 
July in hope of concord. 



Aberdeenshire Sheriff Court : 



Date. 



Nature of Entry. 



1506. Spuilzie. 
June 6. (Supra May 12.) 



Blood drawing. 

Spuilzie. 

(Supra.) 



Parties. 

Leslie v. Ellison. 



Assignation to the Crown. 

Arrestment. 
Spuilzie. 

Procuratory. 

Continuation. 

Deposition in Spuilzie. 
Procuratory. 

II. Deforcement. 



Subject or Res Gestae. 

Horsecase. Contd. to Michael- 
mas of consent and in hope 
of concord. 



Janet Masoun v. William Contd. to 3d July. 
Philip. 



Leslie v. Ellison. 



July 3. Absents fined and List of 
Assize. 

Spuilzie. 



Alex. Johnstone of that Ilk 
v. Wm. Ranaldsonc Yr. 
in Dyce Wm. Mortimer 
and Robt. Reid in Logy. 



Obligation of relief by Defen- 
der and others to Patrick 
Gordone of Johnsleis. 



Greenwood on Litell Dyss and 
bog of the same. Acquital. 



Halflands of Fechtlie Souna- 
betht and Eslir Drumma- 
loche to the Crown for 30 
years for the sum of thirty 
score merks for non entries. 

Laird of Craigfintray v. Arrestment found to be ill- 
Thomas of Milne, founded. 



Kinnellar v. Watson. 



Geo. Meldrum, Fiar of 
Fyvie v. Lady of Tol- 
quhon. 



Contd. to Michaelmas Court, 
in spite of protest by Pur- 
suer and his brother William 
Forbes. 

Meldrum appoints William 
Fraser of Phillorth Mr. John 
Lindesay Vicar of Cul- 
salmond and John Michael 
his procurators. 



Geo. Meldrum, Fiar of 6th Octr. 
Fyvie v. Lady of Tol- 
quhon. 



Gilbert Reid v. Wm. War- 
randir. 

Andrew Buchan of Auch- 
macoy. 



Mair of Fee v. Alex. 
Skene of that Ilk. 



' ane pee and ane huid. " 



Sir Gilbert Hay of Arden- 
draucht and John Cullane 
appointed. 

Evidence that Skene took 
certain poinded oxen from 
Mair of Fee. 



20 



Diet Books: Vol. L, Contents 



Dale. 



Nature of Entry. 



1506. Cautionary Obligation. 
July II. 



Octr. 6. 



Parties. 

The Sheriff v. Alexr. 
Wyntoun of Andait. 



Head Court, 
absents fined. 



Special Service. 
(Ant. A. & B. III. 
Note. ) 

Service. Terce. 



Allowance of Proof. 

Allowance of Proof. 

Allowance of Proof. 
Warrant to Cite. 
Declaration. 

Cognition. 



27. Absents fined. 

Special Service. 

(Ibid. III. 533. 



Assignation. 



Assignation. 



516, 



Subject or Res Gestae. 

Robert Gordone of Uthawe 
becomes bound for Wyntoun 
for \o payable next Mon- 
day 7 hours before noon. 
For which sum Wyntoun's 
goods had been escheat and 
his person in ward. 



List of 



Janet Steuart daughter of 
Mariota Herveis. 



Fourth part 
Drumblair. 



half lands of 



Elizabeth Berclay widow Two parts of Barony of Auch- 
of Walter Dempstar of terless Latheris Dempstar. 
Auchterles. 



Johne of Cowtis. 

Elene Couts. 

Margt. Gibbon. 
John Crichtoun. 
John Myle in Petcapill. 



George Forbes of Auchin- 
toull v. Alexr. Caldour 
of Sonnahard. 



Thomas Urquhart son of 
Mr. Alexr. Urquhart 
Sheriff of Cromarty. 

Bishop of Aberdeen. 



Bishop of Aberdeen. 

21 



To prove that he freed and 
relieved John Gillespy of 
his borrowgang to Sir John 
Forman, undertaken in the 
Court of Dawane of Cromar. 

To prove that she had leave 
from the Bailzie of Cromar 
to marry Ego Makcanzeoch 
and still keep her lease. 

To prove that she had a 
lease at Migvie. 

To bring his proof of the 
Court of Da vane of Cromar. 

Says in open Court that he 
has nothing to say to Win. 
Udny of that Ilk. 

Peats ' ' castin in the myr at 
the hed of the lang burn." 



Lands of Fechry and Cloch- 
quhorby in Barony of 
Kynndeuard. 

From Lands of Ardmiddill for 
second teind of Auchterless 
Dempstar. 

For Second teind of Lands of 
Petcapile. 



Aberdeenshire Sheriff Court : 



Dale. Nature of Entry. 

1506. Deposition of Witnesses. 
Octr. 27. 



Borgh and Hamald. 



Allowance of Proof and 
Warrandice. 

Continuation. 



Protestation. 



Genl. Continuation. 

Special Service. 

(Ant. A. & B. III. 192.) 



Special Service. 

(Ibid. III. 384.) 



Parties. 
John of Cowtis. 



James Chene of Straloch. 



Elene Couts v. Wm. Gor- 
done. 



Robt. Gibson v. Waltr. 
Cumin. 



John Leith son of George 
Leith of Barns. 



David Leslie son of James 
Leslie of Pitcaple. 



The Crown v. Alexr. Couts 
of Ouchtercoull. 

The Crown v. Elizabeth 
Ouchterarne. 



Nov. 3. Apprizing. 
Apprizing. 

28. General Continuation. 

Protestation. John Henderson. 

Dec. 3. Relaxation from the Home. Alexander Name. 



Subject or Res Gestae. 

Evidence as to what took 
place in Sir John Forman's 
Court. 

By John Oudny for horse sold 
to the Lady of Oudny by 
John of Myln. 

4 oxengang of lands of 
Bethelny. 

Contd. to " Law day after 
Yuill." 

For expenses and new citation. 



To Law day of Yuill. 

Lands of Ruthriestoun and 
fishings on the Dee. Lands 
of Newlands alias Erlisfelde 
in the Regalitie of the 
Garioch. 

Lands of Petcapile and Mill. 
22 bovates of Possemot. 
% Lands of Creichmond 
and Mill. % Lands of 
Ardune. ^ Lands of 
Herelaw. 3 parts of Ail- 
hous of Legatsdene. 

Half lands of Ouchterarne 
belonging to his wife. 

Part Lands of Ouchterarne, 
belonging to her. 



Protestation for expenses of 
himself and witnesses. 

On finding caution to appear 
before Justice Ayr at Aber- 
deen. 



1506-7. Head Court. John Earl 
Jany. 12. of Crawford presiding. 
List of absent Barons. 

Brieve of Tutory. Alexr. Murray, son and John Murray son of William 

heir of Patrick Murray Murray appointed Tutor, 
of Cowbairdy. 



22 



Diet Books: Vol. I., Contents 



Date. 



1506-7. Obligation to pay. 
Jany. 12. 



Nature of Entry. Parties. 

By Alexander Cumin of 
Culler to Alexr. Banner- 
man of Watertoune 
Sheriff Depute. 

Caution for faithful Admin- By William Chamer of 

istration of Justice. Balnacraig for Andrew 

Keitht Burgesof Kintore. 



13. Spuilzie. 

Feby. 27, Blood-drawing. 
Blood-drawing. 



Lady of Tolquhone v. 
George Meldrum Fiar 
of Fyvie. 



Thomas Chene v. Thomas 
Lung. 

Robert Slot v. William 
Martin. 



Service. Terce. Marjory Hay, widow of 

(Ant. A. & B. III. 14.) Henry Chene. 



Mar. 15. 



Special Service. 

(Ibid. III. 450.) 



Special Service. 



Special Service. 

(Ibid. III. 151.) 



Service. Terce. 



Special Service. 

(Ibid. IV. 60.) 

Special Service. 



Elizabeth 
Erroll. 



Subject or Res Gestae. 

5 merks annualrent out of 
Lands of Kilduthe within 
24 hours. 



The obligation apparently 
refers to a court of the 
Lands of Balnacraig. 

Verdict by a majority against 
Meldrum but that verdict 
delivered on this day and on 
1 3th and I5th April follow- 
ing. 

Both fined for absence. 



Convicted and fined. 



Terce of two part lands of 
Essilmont and Li till Arnage. 

Two parts Town of Ardune. 
Regality of Garroch. 



Do. 



Lands and Barony of Slains, 
office of Constable of Scot- 
land, Patronage of Church 
of Turriff, Lands of Ratra, 
Fishing on Ythan called the 
Nether Walter in the Barony 
of Newburgh, Mill of New- 
burgh, Multures of the 
Lands of Knockhall, Haw- 
doulhis and all parts of the 
Lands of Newburgh. 



Countess of Lands not filled in, but doubt- 
less the same as in the fore- 
going entry. 



Agnes Leslie one of the 
daughters of Henry 
Leslie. 

Elizabeth Leslie another 
sister. 

William Hay Earl of 
Erroll to his father 
William Earl of Erroll. 



Andrew Buchan son of 
William Buchan. 



lands of Wykhorne in 
Barony of Kyneduart. 



Thomas Alexandersone Lands of Abirzeldy held of 
grandson of Cristina Crown and of Gordon of 
Roger. Mydmar. 



1507. Head Court. 
Apl. 13. Absents fined. 



List of 



Aberdeenshire Sheriff Court : 



Date. 

1507. 
Apl. 13- 



Nature of Enquiry. 
Swearing in of Clerk of Court. 



Parties. 



Subject or Res Gestae. 



Depositions of Witnesses. Alexr. Cumyng of Cultyr Dispute about ownership of a 
v. Thos. Cumyng. drove of horses in the Forest 

of Birse. 



Obligation of Relief. 



Lawborrows. 



(Not disclosed.) 



Special Service. 
(Ant. A. & B. III. 84, 
Note.) 

Special Service. 



15. List of Absents fined. 
Frocuratory. 



Lawborrows. 
Lawborrows. 
Continuation. 
Continuation. 

Genl. Continuation. 
Continuation. 



Special Service. 

(Ibid. II. 12.) 



by Andrew Lesly to David To relieve David of half the 
Lesly of Pitcapill. second teind payable to the 

Bishop of Abdn. for 16 
years by reason of Ward. 



Mr. John Merscheall v. Sir Cautioner 
Gilbert Hay of Arden- Keitht. 
drauch. 



Sir Alexander 



Robert Hill in Bethelny v. 8th of May fixed for discussing 
Francis Chene of Stra- action between these parties, 
loch Patrick Gordone of 
Methlik and Muriel 
Sutherland Lady of 
Meldrum. 

Ninian Blynsele Son of An annual rent of 4O/- payable 
Robert Blynsele. from Lands of Tulicorthe in 

Barony of Kynnard. 

Gilbert Gray Son of Land or tenement in New- 
Thomas Gray. burgh described in Service. 



George Meldrum Fiar of 
Fyvie v. Lady of 
Tolquhon. 



John Ouchterarne f. Alexr. 
Gouts of Ouchtercoull. 

The same v. John Skene. 



Alexr. Cuming of Cultyr 
v. Thos. Cuming. 

Meldrum of Fyvie v. Lady 
of Tolquhon. 



Roliert Hill v. Chene of 
Straloch and others. 

John Ouchterarne nephew 
of John Ouchterarne. 



The Procurators appointed 
were Mr. John Lindsay 
Vicar of Culsalmond John 
Mitchell and Alexr. Mel- 
drum. 

Cautioner Alexr. Gordone of 
Kennerty. 

Cautioner Alexr. Skene of 
that Ilk. 

Continued to 8th May. 



To 8th May premptory be- 
cause all the assize "has not 
deliverit." 

8th May. 
8th May. 



Lands of 
Cromar. 



Ouchterarne in 



24 



Diet Books: Vol. I., Contents 



Date. Nature of Entry. 

1 507. Service. Terce. 
May 8. 



Continuation. 
Citation to Court. 

Procuratory. 
Spuilzie. 



June 5. Special Service. 

(Ant. A. &> B. III. 
Note.) 



Spuilzie. 

Absents fined. 
Special Service. 
Continuation. 

Wrongous Occupation. 

General Continuation. 
Procurator}'. 



28. Absents fined. 
Bastardy. 



Parties. 

Marjorie Mathesone widow 
of Alexr. Chamer of the 
Quyltis. 



Subject or Res Gestae. 

Contd. to 5th June next for 
further information. 



Alexr. Cumyn of Cultyr v. 
Thos. Cumyn. 

Matthew Rude. 



John Gilespy 
Crichtone. 

Robert Hill v. 
Sutherland. 



Contd. to 5th June on account 
of the weakness of the Court. 

Summoned by Sheriff Depute 
and Mair of Fee to appear 
on Thursday before Whit- 
sunday. 



i. John Procurator Thomas (surname 
illegible). 

Mureale Verdict in favor of Defender 
who had taken a horse 2 
cows with calf and a young 
ox. 



William Buchan son of Lands of Auchmacoy and 
Alexr. Buchanc of Auch- Oykorn. Annual rent of 

part 



macoy. 



2 merks from two 
lands of Faichlie in Barony 
of Kyneduard. Three parts 
lands of Meiklc Creche in 
Lordship of Kedray Lands 
of Innererny in Barony of 
Auchterles Allirdes. 



Lady of Tolquhon v. Mel- 
drum of Fyvie. 



The final decision is 
recorded dated 1 3 
1506-7. 



here 
Jany. 



Thomas Alexandersone. Abirzeldy. 

Cumyng of Culler v. Contd. to 28th June. 
Cumyng of the Hyrne. 



George Hay v. Alexr. 
Pantone. 



Patrick Chene. 



Do. 



Do. 

Appoints Mr. John Lindesay 
Vicar of Culsalmond to 
oppose Brieve of Mr. Alexr. 
Chene on the ground of 
bastardy. 



Patrik Chene v. Mr. Alex. Exception of Bastardy referred 
Chene. to the competent Court. 

2 5 



Aberdeenshire Sheriff Court : 



Date. 

I507- 
June 28. 



Nature of Entry. 
Wrongous Occupation. 



July 29. Special Service. 

(Ant. A. & B. IV. 46.) 

Service. Terce. 



Service. Terce. 
(Ibid. III. 89, Note. 



Special Service. 

Continuation. 
Lawborrows. 

Lawborrows. 



Augt. 7- Apprising. 



Octr. 5. 



Special Service. 



Head Court. 
Absents. 



Service. Terce. 

(Ibid. III. 519.) 

Apprising. 



Parties. Subject or Res Gestac. 

George Hay v. Alex. Half Lands of Tulymade. 
Pantone. Decision against Defender 

by Jury. 

John Innes son of Thos. Half Lands of Petfour. 
Innes. 

Elizth. Berclay widow Barony of Formartyne Lands 
of Wm. Meldrum of Fivy. of Town of Fivy Mains of 
Banchquhory and fishing of 
the same Lands of Auchneive 
and Ordyfork. 9th Fishing of 
the Water of Ythan ^ Lands 
of Clayhills Aillhouse of 
Ellone Tempill Lands of 
Auld Bourty Lands of Tuly- 
nabo, Carnequhyne Ramoir 
and Caterloche. 



Marjorie Burnat widow of 
Alexr. Buchaneof Auch- 
macoy. 



List of 



Geo. Meldrum of Fyvie 
Son of Wm. Meldrum. 



Cumyn v. Cumyn. 

Mr. John Merscheall v. 
Henry Chene. 

Mr. John Merscheall v. 
John Chene. 

Patrick Berclay of Grantuly 
v. John Leslie of Warders 

Thos. Alexandersone to 
his Grandmother Cris- 
tina Roger. 



Two part lands of Auchmacoy 
Two part lands of Inner- 
herny Two part lands of 
Oycorne Two part of a 
plough of Creche Two part 
of annual rent of two marks 
out of lands of Faichulty. 

Tulinabo, Carnequhyne Ra- 
moir and Catterloch in 
Barony of Tuliboy. Fish- 
ings on Ythan. 

Cont. to 7th August. 
John Chene Cautioner. 



Henry Chene Cautioner. 

For sixteen score and twenty 
eight merks. Contd. to 
1 3th August. 

Lands of Abirzeldy, but in- 
complete. 

List of Assize and appointment 
of Doomster. 



Marion Leslie widow of 4th part Lands of Sleoche. 
Wm. Michelsone. 



William Hay of Ury 
Sir Gilbert Hay 
Ardendraucht. 

26 



Five pounds worth of Third 
part of Lands of Auchin- 
schogill for 100 due to Ury 
for marriage of his son. 



Diet Books: Vol. I., Contents 



Date. 



Nature of Entry. 



Parties. 



1507. Special Service. George Meldrum son of 

Octr. 5. (Ant. A. & B. IV. in.) Wm. Meldrum of Fy vie. 



Appointment of Clerks of 
Court. 

Fixing Diet of proof. 
Protestation. 

Lawborrows. 
Lawborrows. 
Entry of Suitors. 

II. Procuratory. 
21. Apprizing. 
30. Forthcoming. 

Discharge of Spuilzie. 

Violent Occupation. 

Contempt of Court. 
Fine for absence. 
Evidence and Decision. 



Elizabeth Setone widow of 
James Lesly of Petcapill. 

Thomas Fraser of Stane- 
wod. 



Walter Cumin v. John 
Robertson. 

John Robertson v. Walter 
Cumin. 

Wm. Gordon of Johnsleis 
and Alexr. Elphinstoun 
of Invernochty. 

John Leslie of Wardes. 



Subject or Res Cestae. 

6th part Lands Ressarty 3d 
part Meldrum 3d part Brew- 
house and harbour of 
Ressarty Multures of 3d 
part Brekauche Multures of 
3d part Pettallauchy Mul- 
tures 6th part Ressarty all 
in Kynneduard Lands of 
Banquhory Dewyne and 
fishings in Barony of Torry. 



3Oth October fixed. 



A' number of persons cited 
by him protest for expenses 
&c. 

George Meldrum of Fyvie 
Cautioner. 

William Berclay Cautioner 



Patrick Barclay v. John 
Lesly. 

Marion Duncansone v. 
Malcolme Crag. 

John Johnestone & George 
Meldrum of Fyvie. 



John Cuk v. Umphray 
Donaldsone and John 
Symmer. 

John Pantone of Petmed- 
ane. 

Mage Lesly in Buchans- 
town. 

Elizabeth Seton widow of 
Jas. Lesly of Pitcaple v. 
William Michel. 



Appoints Thomas Leslie 
burges Bailie of Abd. 

Court to be held at Wardes 
on loth Novr. for apprizing. 

Diet fixed for 2gth Novr. 



This is the Lady of Tolqu- 
hone and her tenants case 
of Spulzie of two oxen. 

Summoned to 2gth Novr. 



Fined for Violent language in 
Court. 



Defender found liable in rent 
&c. 



Aberdeenshire Sheriff Court : 



Date. 



Nature of Entry. 



1507. Violent occupation. 
Nov. 29. 



Forthcoming. 



1507-8. 
Jany. II. 



Spuilzic. 
Tutory. 

Spuilzic. 



20. Caution to enter an 
accused. 



Feby. I. General Continuation. 
Protestation. 

27. Spuilzie. 



Parties. 

Cuk v. Donaldson 
Symmer. 



and 



Violent occupation. 



Spuilzie. 



Head Court. List of 
Absents fined. 

Special Service. 
(Ant. A. fir- B. I. 314) 



Subject or Res Gestae. 

Contd. to " the law day nixt 
eftir the fest of the nativitie 
of our I,ord in houpe of 
concord. " 

Submission to Gilbert Men- 
zies Provest of Aberdeen 
and Johne of Mar for Mal- 
colme, Sir John Rutherfuird 
and Mr. John Lindsay for 
Duncanson and Alexr. 
Bannerman of Wattertoun 
Odman. 



Andrew Gary v. Thomas Defender' consents to trial by 
Laisk in Newburgh. an Assize &c. Contd. to 

Law day after Yule. 



Marioun Duncansone v. 
Malcolme of Crag bur- 
gcs of Aberdeen. 



Matthew Reid v. Andru 
Fergouson in Kirktoune 
of Tiry. 



William Kynedy son of 
Wra. Kynedy Constable 
of the Burgh of Aber- 
deen. 



Defender summoned to appear. 



Raik fishings on the Dee. 



Lady of Tolquhonc 
Geo. Meldrum 

Fyvie. 



Dispute about two oxen still 
going on. Protest by 

Meldrum for his expenses. 

List of Assize and Finding by 
them remitting a question 
about Reid's Will to the 
Bishop's Court. 

Marioun Moises v. Jonet Summoned to first February. 
Funzeis in Muirtown 
of Brux and others. 



Mariota Reid Daughter of 
Alexr. Reid of Pitfod- 
dells. 



John of Mardyss. 



Geo. Meldrum of Fyvie. 



Wm. Makesone at the 
Justice Mills v. Wm. 
Rawok in Rudrestoun 
and others. 

28 



Accused of slaughter of Wil- 
liam Buk. Accused under 
penalty of ^40 and 8 sure- 
ties in $ each to enter at 
Justice Ayr. 

To 3d. March. 

Agt. Lady of Tolquhon for 
expenses. 

Spulzie of 3 firlots meal out 
of house at Justice Mills. 
Verdict agt. accused. 



Diet Books: Vol. I., Contents 



Date. 

1507- 
Feby. 27. 



Nature of Entry. 
Lawborrows. 



Sentence of Fine. 
Mch. 4. Absents fined. 

Caution to appear. 



Parties. 



Subject or Res Gestae. 



Wm. Mackiesone v. Wm. Thomas Leitht Cautioner 
Rawok. 



Wm. Rawok. 



For non-attendance when 
summoned. 



Wm. Foreman and John To appear at next Head 
Fuird. Court. Alexr. Hay of 

Monquhalis cautioner. 



Receipt for Fine. 
Spuilzie. 



Proclamation of Wapin- 
schaw. 



Andrew Webster. 



Lady of Tolquhon v. Mel- 
drum of Fyvie. 



Thos. Bisset Mair of Fee owns 
receipt of Fine. 

Continued to next Head 
Court. 

For 8th June. 



15. Denunciation to the Horn. Earl Marischal Sheriff of 

Kincardine v. Alexr. 
Lindsay and others. 



1508. Head Court. List of 
May 2. Absents fined. 

Special Service. 



23- 



Special Service. 



James Lord Ogilvy grand- 
son of James Lord 
Ogilvy of Errly. 



William Leitht brother of 
John Leitht. 



Special Service. Elizabeth Prat daughter 

(Ant.A.&B. III. 79, Note.) of Thos. Prat. 



Special Service. 
Terce. 



Geo. Meldrum son of Wm. 
Meldrum of Fyvie. 

Agnes Forbes Widow of 
Alexr. Skene of Skene. 



Assignation to Bishop of 
Aberdeen. 



List of Absents fined. 



Lands of Auld Mydmar and 
Kynnerny " exccpta tina 
merca Villa de Kynnerny." 
In Barony of Mydmar. 

Lands of Ruthristoun and 
fishings on the Dee New- 
lands or Erlisfield in 
Regality of Garioch, 

An annual rent of 5 merks 
from Lands of Oudny. 

6th part Lands of Clayhills. 
House and Garden in Ellon. 

Lands and Barony of Skene 
excepting Lands of Auch- 
loche, Tulyvale and lands 
of two parts of Letters. 

Lands of Auchloche on death 
of Alex. Skene of Skene 
during ward. 7 nicrks 7/ 
and a half penny worth. 



2 9 



Aberdeenshire Sheriff Court: 



Date. 

1508. 
May 23. 



Nature of Entry. 
Lawborrows. 

Lawborrows. 



Parties. 

The Vicar of Coule v, 
Alexr. Coutes of Ouch- 
tercoull. 

The Vicar of Coule v. 
Thos. Coutes in Kin- 
cragy. 



Subject or Res Gestae. 

Fined in absence to answer to 
his Caution. 



Do. 



Special Service. Thos. Meldrum son of Lands of Edan and Milne of 

(Ant. A. & . III. 536.) Wm. Meldrum of Fyvie. same Lands of Auchmoule 

Strathtary and Fortere of 
Auchmunzochne. Barony 



General Continuation. 
June 17. Absents fined. 
Apprising. 



Apprising. 

Wrongous intromission. 

Wrongous intromission. 
Verbal receipt 

Lawborrows. 

Lawborrows. 
Deforcement. 
Action about a Lease. 



Wm. Hay of Ury v. Sir 
Gilbert Hay. 



The Crown v. Alexr. Couts 
of Ouchtercoule and 
Elizth. Ouchterarne his 
wife. 



of Kynneduard. 
To 17 June. 



Lands of Auchinshogill reserv- 
ing Terce of Margt. Leslie 
Widow of Wm. Hay. 
[Supra Octr. 3d. 1503.] 

Lands of Ouchterarne. 



Henry Forbes of Kinnellar Carrying off crop of a rig of 
v. Williame Hairman in barley. 
Thainstoun. 



Do. 



Oat crop. 



by William Thomsone Price of Sheep sold. 
Hatmaker and spouse to 
Rob Bozray and Agnes 
Patry. 

Dominus Thomas Har- Sir Alexr. Irwyne of Drum 
rowar Vicar of Coull v. Cautioner ,100 penalty. 
Alexr. Cowtis of Ouch- 
tercoull. 

The same v. Thos. Cowtis Fined for not appearing to 
in Kincragy. find caution. 



Mair of Fee 
Dauisone. 



Patry 



Elizabeth Setoun Widow 
of Jas. Leslie of Pet- 
capill v. Katherine 
Stevin widow of John 
Clerk in Crechmond. 



On a proof Davidson's goods- 
escheat to the King. 

Procuratory by Defender to 
her son Dominus John 
Clerk. 



Diet Books: Vol. L, Contents 



Date. Nature of Entry. 

1 508. Continuation of Brieve. 
June 17. 

General Continuation. 
July 5. Court. Absents fined. 
Spuilzie. 



Spuilzie. 



31. 



Lawborrows. 



Fine. 

Wrongous intromision. 

Removing. 



Parties. 



Subject or Res Gestae. 



Isabelle Lindesay Lady Contd. to 5th July. 
Lessendrum 

Do. 



Laird of Mukholl v. John 
Wod. 



Two steers and a young cow. 
Depositions of Witnesses. 



George Bisset v. Duncan An ox. 
and Sande Crage. nesses 



Depositions of Wit- 



John Allerdes of Badin- 
skot v. Thos. Young. 



A number of Witnesses sum- 
mond protest for their ex- 
penses, both Pursuer and 
Defender being absent. 



John Broys v. Alexr. Mai- Thomas Leslie Cautioner, 
ven Wm. Michell Ar- 
thour Forbes and thr. 
servants. 



et e contra. 



Thos. Strachachin son and 
heir of Alexr. Stracha- 
chin v. Jas. Garrauch of 
Kilstair. 

Walter Chapman in Mony- 
musk. 

John Dauisone in Rothy v. 
David Stratht Mair 
deput. 

David Chapman v. Walter 
Chapman in Monymusk. 



Thos. Strachin son and heir 
of Alexr. Strachachin of 
Lathinturk Cautioner. 

Protestation that witnesses be 
not examined until paid 
expenses. 



Augt. 17. Court at Murland of 
Bourty. 

Wrongous occupation and Walter Leslie alias Young 
Spuilzie, &c. v. John Ranaldsone in 

Inverury. 

Octr. 3. Head Court. Earlof Craw- 
ford. Absents fined. 



Special Service. 



John Cardny son of Alexr. 
Cardny. 

3 1 



For non attendance on citation. 



Procuratory by Pursuer to 
Thomas Leslie. 



This defender now appears 
and gets a proof of lease 
fixed for " The assumptioun 
of our Lady evin nixt to 
cum." 

Court deferred because no 
barons present. 

Land in Burgh of Inverury. 
Appointment of Procurator. 

Robert Mure sworn Dempster. 



Rouchlireicht excepting Brum- 
ehill and Wauchindaill in 
Lordship of Echt. 



Aberdeenshire Sheriff Court : 



Date. 



Nature of Entry. 



Parties. 



Subject or Res Gestae. 



1508. Special Service. 
Octr. 3. (Ant. A. & B. III. 276, 
Note.) 

Violent occupation. 



Violent occupation. 
Violent occupation. 



Service. Terce. 
(Ibid.} 



Gilbert Menzies son of Myddel Petfodellis and fish- 
David Menzies. ings. 



William Earl of Errol v. 
John Forbes of Pets- 
lego. 

Do. 



Alex. Wentoun of Andait 
v. John Quhit and others. 

Kalherine Wricht widow 
of David Menzies. 



Third part Mains of Petslego 
belonging to the lady of the 
Terce Isabell Wemis. 

Depositions of Witnesses as 
to Violent profits. 

Lands of Auchmaledy. 



Myd Petfodellis and fishings. 



Service. Terce. 

(Ibid. III. 315.) 

Action for Delivery. 



Breach of Arrestment. 

Deforcement. 
(Not disclosed.) 



Appointment of Gilbert 
Menzies and John Mar 
as Sheriff deputes. 

Genl. Continuation. 
31. Court. List of Absents. 

Special Service. 

(Ant. A. & ft. III. 516.) 

Special Service. 

27. Court at Auld Leys in the 
Barony of Leslie. 

Cognition. 



31. Special Service. 



Agnes Forbes widow of 
Alexr. Skene of Skene. 

Adam Weir Burgess of 
Aberdeen v. William 
King of Bourty. 

Robt. Touchis in Petfor. 



John Broys. 

William Leslie of Bal- 
quhane v. William Blak- 
hall of that Ilk. 



Lands and Barony of Skene, 
Letters, &c. 

24 bolls of Beir with the 
fodder. 



Summoned by Sheriff and 
Mairs for 3 1st Octr. 

Do. 

Defender's protestation for not 
insisting and for expenses. 



Christina Steuart daughter 4th part l /i lands and barony 
of Sir David Steuart of of Drumblait, 4th part lands 
Rossicht. of Towys and Culkork. 



Janet Steuart. 



Do. 

Entered in Diet Book out of 
date. 



Walter Leslie of Glasco- Lands debateable between 
forest v. George Leslie them. No verdict entered, 
of that Ilk. 

Henry Admowty grandson Lands as in former service, 
of Sir David Steuart. 



3 2 



Diet Books: Vol. L, Contents 



Date. 

1508. 
Oct. 31. 



Nature of Entry. 
Apprising. 



1508-9. 

Jany. 9. Head Court. 



Action of Restoration and 
Relief. 



Parties. 

James Redauch v. Alex. 
Wentoun of Andait. 



Robert Duguid of Auchna- 
huffz). John Stewart in 
Kincragy and his Wife. 



Subject or Res Gestae. 

4 merks of lands of Cullyne 
7 merks of lands of Andait. 



List of Absents and of Assize. 

To appear to answer on 171)1 
February and to relieve 
Wm. Thomsone and Patry 
Donaldsoun, who were 
sureties for them. 



Wrongous possession or Wm. Chamer v. John 
Removing. Forbes and others. 



Procuratory. 



Lawborrows. 



Minute of Admission. 



Wm. Blackball of that Ilk 
v. Elizabeth Cruick- 
shank. 

Janet Thomson v. John 
Robertson in Wodend 
of Fivy. 

Wm. Harman in Thane- 
stone. 

Wm. Guthrie in Harlaw. 

Jonet Thomson v. John 
Robertson. 

Andrew Gilbert. 

Alexr. Coutis of Ouchter- 
coull. 

Walter Leslie alias Young 
v. John Ranaldsone in 
Inverourie. 



To appear on I7th Feby. and 
produce lease if they have 
one. 

Defender appointed her father 
Robert Cruickshank and 
others to be her procurators. 

Defender protests for his 
expenses. 



Fined for non attendance. 

Do. 
Alexr. Meldrum Surety. 

Fined for non attendance. 
Rents of Ouchterarne. 



To produce their Writs at 
Pasche Head Court. 



The Crown v. Couts of 
Ouchtercoull. 



Verdict against Couts and his 
wife. 



Wrongous Occupation. 



Andrew Murray!/. William 
Rawok in Ruthriestoun. 



Feby. 17. Special Service. William Johnstoun son of 

(Ant. A. &* B. III. 420.) Alexr. Johnstoun. 



Shadow half Lands of Ruth- 
riestoun. Contd. to Law 
day of Head Pasche Court 
for evidence. 

Lands of Johnstoun 8th part 
Lands of Ardune ^ Lands 
of Crechmond and Mill 
Caskybene, Legal, Esaws- 
toun Mill of Freddy, County 
of Gareauch. 



33 



Aberdeenshire Sheriff Court : 



Date. 



Nature of Entry. 



Parties. 



Subject or Res Gestae. 



1508-9. Service. Terce. 
Feby. 17. (Ant. A. & B. III. 420, 

Note.) 

Wrongous Occupation. 



Witnesses fined. 
Continuation. 

Deforcement. 
Lawborrows. 



1509. Head Court. Absents 
Apl. 17. fined. 

Special Service. 

(Ibid. I. 290.) 



Special Service. 



Special Service. 

(Ibid. IV. 37.) 



Special Service. 



Special Service. 

(Ibid. III. 553.) 



Compromise. 

(Incomplete.) 



Wrongous occupation. 
Wrongous occupation. 



Agnes Glastir widow of The above, excepting Crec- 
Alexr. Johnstoun. niond and Esawstoun. 



Matthew Kynnard v. John Lease of Petskow. Contd. to 
Broiss. 17 April for proof. 

Robert Howy, David Mylne. 

Elene Wat v. Andrew Contd. to Law day of Pasch 
Dune. Court for opening Deposi- 

tions and for more evidence. 

Mair of Fee v. William Two poinded horses taken 
Harmane or Hayrman from Mair depute, 
in Thanestone. 

Robert Tulymorgane alias James Gareauch of Kinstair 
Cruickshank v. Wm. Cautioner. 
Blakhall of that Ilk. 



Gilbert Waus grandson of Omcium hostiarie skacarii sue 
Gilbert Waus. capelle Supremi domini 

nostri regis. 

John Mowat of Lostcragy A tenement in Methlick. 
nephew of Mr. Wm. 
Mowat Canon of Abd. 



Wm. Johnstoun to Alexr. 
Johnstoun. 



Lands of Sauchokand Dennys. 
Barony of Andane. Annual 
rent of 33/4 out of Lands of 
Innerwadie in warranty. 

Isabella Prat daughter of Annual rent of 5 merks out of 
Thomas Prat. lands of Oudny. 

George Earl of Rothes son Lands of Rothynormund in 
of Sir Andrew Leslie. the Barony of Balnabregh 

by annexation. 

Alexr. Chene son to Jas. 
Chene of Straloch v. 
John of Leith in Barnis 
and others. 



Matthew Kynnard v. John Lease of Petskow. 
Broiss. agt. Broiss. 

John Pantone of Pet- Defenders acquitted, 
methane v. Janet Broune 
and her son. 



Verdict 



34 



Diet Books: Vol. L, Contents 

Date. Nature of Entry. Parties. 



Subject or Res Cestae. 



1509. Sentences of fine. 
Apl. 17. 



Spuilzie. 
Spuilzie. 

Spuilzie. 



David Dick, David Guth- 
rie, John Mortymer, 
Thomas Johnsone, 
Matthew Couts. 

Aly Wat's daughter v. 
Andrew Dune. 

Alexr. Bannerman, Bog- 
ferlo v. Alexr. Annand 
of Ouchterellon. 

Thos. Wodman v. Alexr. 
Wentone of Andait. 



Wrongous occupation. Murray v. Rawok. 



A cloak of tanny, 3 elne gray 
cloath, a sark and curche, 
and uther small geir. 

Six oxen out of Lands of 
Knavane. Proof fixed for 
Saturday zd June. 

Verdict against Wodman. 



Ruthrieston. Submission. 



Dispute about rent. 



John Cullane v. Alexr. 
Bannerman in Bogferlo. 



Lands of Knavane. 
fixed for 2d June. 



Proof 



May II. Special Service. Sir Robert Erskeine of 

(Ant. A. &> B. III. 53.) Ellam son of Alexander 
Lord Erskeine. 



Service. Terce. 

(Ibid., 54.) 

June 2. Absents fined. 



Elena Home widow of Lord 
Erskeine. 



Assaultand Blood drawing. Alexr. Nicholson v. And- 
roue Mur. 



Assault. 

Unlawful poinding. 

Lawborrows. 
Rent. 

Deforcement. 
Protestation. 
Cognition. 



The same v. John Watson. 

David Mastone v. Alexr. 
Forbes apparent of 
Auchintoule. 

Do. 



Alexr. Mortimer of Cragy- 
uer v. John Mortymer. 

Do. 
Do. 

Thos. Paterson v. Robert 
Doddis. 



Barony of Kellie with Mill 
&c. &c. Barony of Bal- 
haggerty Mill &c. &c. 
Annual Rent of 4 merks of 
the Lands of Flanders. 
jioo money "de fermis 
burgi de Abirdene." 

The above subjects. 



List of Assize. 
Conviction. 

Do. 
Verdict in favor of Forbes. 



Patrick Steuart of Lathers 
cautioner for Forbes. 

xxxi. sh. %. year's rent of 
Hard Balhinty. 

3 cows. Fined. 



Division of Shadow & Sunny 
sides of Mydmar, 



35 



Aberdeenshire Sheriff Court: 

Date. Nature of Entry. Parties. Subject or Kes Gestae. 

1509. Theft. John Braxstane or Brap- Summoned to Saturday next 

June 2. stane, Alex. Alexrsone to underly the law. 

and Thos. Martin. 

Caution or Bail. Alex. Strachauchin of To enter them for 3d day of 

Lethinturk for his sons Justice Ayr. 
and others. 

Dispute about rent. Bannerman v. Cullane. Knaven. Witnesses examined 

Contd. to 8th June. 

Spuilzie. Bannerman v. Annand. Do. 

8. Lawborrows. Ranald Oudny v. David George Gordoun brother to 

Lyoun. Patrick Gordoun of Methlik 

Cautioner. 

Octr. 2. Head Court. Absents 
fined. 

Service of Tutory. Wm. Leitht brother of Appointed Tutor to Wm. 

the late George Leitht of Leitht of Barnis his nephew. 
Barnisand Uncle of Wm. 
Leitht of Barnis. 

Service. Terce. Isabella Rait widow of 2 part Lands of Carmuk. 

Wm. Kynidy Constable Lands of Clayhillis except 

of Aberdeen. a 6th part belonging to the 

Land of Fyvie. Lands of 

Knokwithy. 

Special Service. David Murray son of Lands of Ardoche and fishings 

(Ant. A.&B.\\l. 256.) Andrew Murray. in parish of Banchory 

Devny. One nets fishing on 
Fords of Dee. Annual rent 
of 44/ out of Lands of 
Cortycrome in Barony of 
Slains. 

Breach of Lawborrows. George Gordon and Alexr. To appear on 27th Octr. for 
Forbes trial. 

Disputed Right of Rever- Thos. Fraser of Stonywod To appear on 27th Octr. 
sion. v. William Ranaldsone 

and Cristiane Urry his 
Wife. 

Deforcement. The Crown v. Servants of 23 Nolt. Fined. Property 

Couts of Ouchtercoule. forfeited and to be in ward. 

Wrongous occupation. Patersone v. Doddis. Mydmar. Decision in favor 

of Patersone. 

36 



Diet Books : Vol. I., Contents 



Date. 



1509. 
Oct. 9. 



Nature of Entry. 
Warrant to Poind. 



Parties. 

Mr. Robt. Elphinstoun 
parson ot Kincardin v. 
Walter Dugud in Craig- 
toun. 



Subject or Res Gestae. 



44 6 . 8 
Pursuer. 



Scots due to 



Apprising. 
Apprising. 



The Crown v. Sir Wm. 
Keith of Inverugy. 

The Crown v. George 
Gordon of Abirzeldy. 



Cocklaw to extent of 8 merks 
and 32d in the year. 

Lands of Mydmar and Kyn- 
nerny 14 merks and z/ 
worth per annum. 4 merks 
of Mains of Echt. 



Novr. 22. Deforcement. Mair of Fee v. Wm. 

Gordon of Scheves. 



1509-10. 

Jany. 8. Long List of absents. 

Special Service. Wm. Forbes son of 

(Ant. A. & B. III. 65.) Malcom Forbes. 



Special Service. 

(Ibid. III. 78.) 



Terce. 



Ranald Oudny son of Wm. 
Oudny. 



Isabella Ogilvy widow of 
Alexr. Nory. 



20 head of Nolt &c. Offender 
fined. Goods apprised and 
accused warded. 



Lands of Tochone. Barony 
of Formartine. 

Lands of Auchlune Moneiss 
and Tulgaif in Kynueduard. 
Lands of Oudny. 

Two part lands of Mekle 
Finnersy Litle Fynersy 
and Manecht. 



Terce. 

(Ibid. III. 78, Note.) 

Continuation. 



Protestation. 
Action for delivery. 

Action for delivery. 



Jonet Seytoune widow of 
William Oudny. 

Wm. Ranaldsone in the 
Crag v. Thos. Fraser of 
Stanywod. 

Jonet Seytoun v. Ranald 
Oudny. 

James Gourlay v. John 
Adam in Newburght. 



Do. 



Oudny Auchloune and Tul- 



idny i 
yache. 



To Friday 1st Feby. in "houp 
of concord." 



Protest for new Citation, 
Costs Skaith and Expenses. 

Corn taken from Gourlay and 
his tenants from croft called 
the " Stane Croft." 

An absent witness Alexr. 
Blak fined for absence, 



Genl. Continuation. 
Warranty. 



David Murray v. John 
Adam. 



Friday 1st Feby. 

Of Lease of " Stane Croft.' 1 



37 



Aberdeenshire Sheriff Court: 



Date. 

1509-10. 
Feby. I. 



Nature of Entry. 
Absents fined. 
Spuilzie. 



Parties. 



Henry Forbes of Kynellar 
v. Andrew Riche. 



Subject or Res Cestae. 
List of Assize. 
" Ane broune oxe." Fined. 



1510. 
Apl. 6. 



Wrongous Intromission. 

Swearing in of Clerk. 
Head Court. 



Special Service. 
(Ant.A.&B. III. 105.) 



Special Service. 



Special Service. 

(Ibid. III. 305.) 



Marioun Mathesone v. 
Marion Gordone in the 
Cults of Cromar. 

Mr. Thomas Gourlay. 



Alexr. Ogilvy grandson of 
Sir James Ogilvy of 
Deskfurd. 



Gilbert Waus grandson of 
Gilbert Waus of Meany. 

Andrew Woud grandson 
of John Woud of Fyn- 
nersie. 



A herewald horse. 



Wm. Earl of Enroll and Alexr. 
Bannerman sitting as 
deputes. 

Fishings on upper part of 
water of Ythane From 
"Macharfurd" to " Sak- 
furd " of Fyvy. 

Lands of Many and Easter 
Rowen. 

Annual rent of 2 merks of the 
Lands of Curtans, Barony 
of Drum. 



Obligation to deliver. 



Sir John of Striuelling v. 
Thos. Fouler in the 
Leyluig. 



Cow and 2OS. 



Action for payment. 



Action for delivery. 



Henry Lord Sanclair v. 
Andrew Tullidef of that 
Ilk. 

John Rany v. Ranald 
Oudny. 



40 Sh. annual of Lands of 
Logyruf. Contd. to Satur- 
day nth May. 

A cow before nth May. 



Spuilzie. 



Henry Chamer v. Thomas 8 Thraif of Beir. Summons 
Fowler. to appear on iith May and 

order to cite witnesses. 



Mair depute fined. Henry Chamer v. Alexr. For want of Diligence in 

Malvin. execution of his office. 

Proof of discharge. Robert Tullymorgane v. Rent of l / 2 lands of Folayblak- 

William Blakhall. wattir. 



Assault and Breach of Loky Paterson v. David Summoned to nth May. 
Peace. Reid & And. Walcar. 

38 



Diet Books: Vol. I., Contents 



Date. 



Nature of Entry. 



Parties. 



1510. 
April 9. General Continuation. 



Royal Letters of Exemp- William Gordoun of Johns- 
tion from Attendance in leyes and Thomas Coup- 
Sheriff Court. land of Udaucht. 



May 6. Apprising. 
Apprising. 

Apprising. 



The Crown v. John Forbes 
of Echt. 

The Crown v. Alexr. Couts 
of Ouchtercule. 



The Crown v. George 
Gordone, Patrick For- 
bes, John Leslie. 



Subject or Res Gastae. 

nth May. 

Exempted as being in attend- 
ance at Court and with 
Earl of Huntlie. 

4 merks 3/ and 4d. from 3d. 
part Lands of Culie. 

8 : 6 : 8 of glands of Ouchter- 
erne. 

List of Assize. 

Kynnaries, Ballinducht, Tuli- 
def, Corsefeld, Tolloche, 
for 200. Also lands of 
Corse belonging to Patk. 
Forbes of Fodirbirss. And 
lands of Nether Diss belong- 
ingto John Leslie of Wardes. 



Continuation. 



Lord Sinclair . Tulidef. Contd. for 15 days. 



Gold Chain reference of Wm. Forbes, her son v. 
value. Margt. Forbes Lady of 

Tochone. 



Proof of payment. 
Proof of Discharge. 

Assault. 

Continuation of Court. 

Assault. 

Spuilzie. 

Spuilzie. 

Breach of Arrestment. 



Do. 



Robt. Cruickshank in Tuly- 
morgane v. Wm. Blak- 
hall. 



Lady acknowledges having 
chain belonging to her son. 
Value referred to Alexander 
Forbes in Echsy. 

Diet assigned Saturday 1st 
June. 

Document produced by Mr. 
Alex. Lawsone "prelocutor 
for Cruikshank." 



,oky rate 
Walcar. 



Loky Paterson v. Reid and One witness absent. Another 
deponed that he had given 
" parcial consaile" to Loky 
Paterson. 

Continuation to 1st June. 
Paterson summoned to 1st June. 



Reid v. Loky Paterson. 

Wm. Johnstone in Crech- 
mond v. John Criste. 

Henry Chamer v. Thomas 
Fowlar. 

Do. 



Acquitted of taking half a 
ferlot of beir and oats'. 

Convicted of taking 8 thraif of 
beir and fined. 

Fined, goods escheat & warded. 



39 



Aberdeenshire Sheriff Court: 



Date. Nature of Entry. 

1510. Action for payment. 
May 25. 

Clerk sworn in. 



Parties. 



Subject or Res Gestae. 



Lord Sanclair v. Androw Summoned for Saturday 1st 
Tulidef of that Ilk. June. 

Robert Huchonsoun elected 
and sworn. 



June I. Proof of payt. 
July 31. Proof of payt. 



Win. Forbes v. Lady of Wednesday 3ist July as a 
Tochone. peremptory diet. 



Do. 



Depositions to be closed up 
until Michaelmas Head 
Court. 



Spuilzie. 



Assault. 



William Watson v. George A ewe. ' ' Wereing a ewe 

Forbes of Auchintoule. and lamb with his hands." 

Destroying and eating a rig 

of beir. Summoned to 

Michaelmas Court. 

Androw Roust v. Androw Cited to Michaelmas Head 
Strachachin. Court. 



Dispute about a lease, &c. 

Genl. Continn. 

Octr. I. Head Court. Absents 
fined. 



Effame Ross v. John Ross Contd. to Michaelmas Court, 
of Auchlossin. 

Michaelmas Court. 
List of Assize. 



Wrongous Intromission or 
Spuilzie. 



John of Mylne v. Georg. Both found wrong and appoin- 
Hervy in Elrick. ted to prove the respective 

et e contra. values of articles taken. 



Action about ownership of 
Corn. 



Lord Ersken v. Duncan Corn on North side of hill of 
Strachachin of Glen- Gilmaquhilly to remain in 
kyndy and Alexr. Elrik. Sheriffs hands pending 
decision. 



Proof of payment. 
Witnesses fined. 
Witnesses fined. 
Assault blood drawing. 

Assault blood drawing. 



Wm. Forbes v. Lady of Contd. until Thursday 3ist 
Tochone. October. 



Ellene Slot v. David Fined for absence. 
Sherp with the Parsone 
of Monymusk. 



John Hay v. John Jame- 
son in Mossfield in Glak. 
et e contra. 



Do. 



40 



Diet Books: Vol. L, Contents 



Date. Nature of Entry. 

1510. Service. Terce. 
Octr. I. 

Spuilzie. 
Spuilzie. 

Blood drawing. 
Spuilzie. 

Genl. Continuation. 
31. Wrongous Intromission. 

Protestation. 
Protestation. 

Genl. Continuation. 
Novr. 29. Procuratory. 



Parties. 

Margaret Chamer widow 
of Sir Jas. Ogilvy of 
Deskfurd. 

John Gordone of Cusny v. 
Wilzeame Mortymer in 
Kintocher. 

John of Gordone of Cusny 
v. Andro. Roust and 
John Goddisman. 

Ando. Roust v. Ando. 
Strachachin. 

Wilzeame Watsonc v. 
Alexr. Forbes yr. of 
Auchintoule. 



Subject or Res Gestae. 
Fishing on Ythan. 



Acquitted of Spulzie of two 
horses. 



8 head of Nolt. Convicted 
and fined. 



John of Mylne v. Georg. 
Hervy. 

et e contra. 

Thomas Patersone. 

Mr. Thos. Scherar Henry 
Scherar and another v. 
Wilzeame Rossel. 



Janet Setone widow of 
Wm. Oudny. 

James Chene of Straloch 
v. in Bothelny. 



Admission to "Borgh." Alexr. Couts of Ouchter- 
coule v. Ando. Smyt. 
in Aid Abirdene. 



Lawborrows. 



Ando. Smyt. v. Coutts of 
Ochtercoule. 



Assault Blood drawing. Law Riddaill v. Sande 
Donald. 

Genl. Continn. 

41 



Acquitted. 

Acquitted but to pay 3/. 

3 1st October. 

Proof of values contd. to Fri- 
day agth Novr. 

For not insisting and expenses. 
Do. 

To Friday 2gth Novr. 

Appoints Mr. Alexr. Setone, 
Vicar of Bothelny. 

Contd. to Head Court on 7 
Jany. on account of " waik- 
nes of the Court and 
Barons, ,to decid upone 
the samyne." 

Offer to allow goods to 
"borgh" on caution being 
found. 

John Forbes of Echt cautioner. 
Fined in absence. 
Tuysday J Jany. 



Aberdeenshire Sheriff Court : 



Date. 



1510. 
Novr. 29. 



1510-11. 
Jany. 7. 



Nature of Entry. 

Royal Letters to Sheriffs 
of Inverness Banff El- 
gyne Fores and Aber- 
deen. 



Head Court. Absents 
fined. 



Parties. 
Ando. Smyt. v. Setones. 



Mar. 13. 



31- 

1511. 

Apl. 29. 



Spuilzie. 
Lawborrows. 
Action of Relief. 

Wrongous occupation. 

Sentence & fine. 
Sentence & fine. 
Action of damages. 

Wrongous Intromission. 



Appointment of a Sheriff 
Depute. 

Appointment of Mair 
Depute. 

Proclamation of Outlawry. 
Head Court. 



Thos. Chapman v. Rob- 
ert Dodis in Mydmar. 

Thos. Chapman v. George 
Gordone of Abirzeldy. 

John Waggerale v. Patry 
Cusny and Johne Cum- 
ing. 



Do. 

Couts of Ouchtercoule v. 
Ando. Smyt. alias 
Angusone. 

John Leslie of Wardes v. 
Burgh of Kintore. 

John of Mylne i: Georg 
Hervy. 

John Allardesof Badinscot. 
v. Thos. Bisset Mair of 
Fee. 

John of Mylne v. Georg 
Hervy. 

et e contra. 



Subject or Res Gestae. 

Warrant for apprehension of 
the accomplices of William 
Setoun sone to Alexr. in 
Strathour (or Strachone) 
for the slaughter of Alexr. 
Angusone dated xx. Apl. 
and xxiii. year of Tames 
IV. 



An ox. Convicted by Jury 
and to restore. 

Alexr. Gordone of Kennerty 
Cautioner. 

To relieve Waggerale of rent 
of part of lands of Blaro- 
dauche occupied by them. 
Contd. for proof. 

Fined. 
Case settled. 



Duncan and Loky Gaw fined 
for non attendance. 

Georg Gardin witness fined. 



Loosing of arrestment agt. 
Johne of Wyne (Oyne) 
denied. 

Decided each to make certain 
restoration to the other. 



Provost Gilbert Menzies. Earl of Erroll Sheriff. 
William Scrimgeor. 

John oflruyninBadarauche. 

Earl of Erroll, Sheriff. 



Diet Books: Vol. L, Contents 

Date. Nature of Entry. Parties. Subject or Res Cestae. 

1511. Building Contract. Bishop Elphinstone v. Steeple on Cathedral Church 
Apl. 29. John Fyndeor wright. of Aberdon. 

List of Absents. 

Wrongous intromission Isabel Crookshank v. Wm. Blackball acquitted. Little- 
and Spuilzie. Blakhall of that Ilk. folayblakwatter. 

Action of payment annual Henry Forbes of Kinellar I5/ annualrent out of four 
rent. v. John Abell. roods in Burgh of Kintore. 

Appointment of Sheriff Alexander Bannerman of 
depute. Waterton. 

Lawborrows. Wm. Watsone v. Henry Sir Alex. Irving Cautioner. 
Setoun. 

Lawborrows. The same v. Robt. Setoun. Pat Gordone of Johnsleis 

Cautioner. 

Appointment of Mairs Walter Masone John Mur- 
depute. ray & Andrew Watsone. 

Order that all persons 
formerly summoned to 
find sureties to enter to 
Justice shall in case of 
failure bedeclared rebels. 

Action of Wrongous In- John of Mylne v. Georg Final decision and settlement, 
tromission. Hervy. 

et e contra. 

Sentence of Fine for not Fergus Findlay v. Philp 
appearing. Fouler. 



William Watsone v. Henry Contd. to Court in May in 
& Robert Setoun. hope of concord. 



May 19. List of Absents. 



Special Service. Alex. Gordone son of % part Lands of Netherbod- 

(Ant. A. & B. III. 408.) Wm. Gordone. dom in Regality of Garioch. 

Apprising. John Lord Flemyng. Lands of Aide goulis and Litle 

Govlin in Barony of Mony- 
cabok. 

Lawborrows. Patrik Diky v. Henry Ranald Oudny of Oudny 

Forbes of Kinncllar. Cautioner. 

43 



Date. 



Nature of Entry. 



1511. Appointment of Sheriff 
May 19. Dep. 

Genl. Continn. 

22. Special Service. 

(Ant.A.&'B. III. 256.) 



Aberdeenshire Sheriff Court : 

Parties. Subject or Res Gestae. 

John Mar. 

To 13 June. 
Wm. Murray son of David Lands of Ardache (Ardoe) 



Murray. 



Service. Terce. 

Relaxation from the Horn. John Fidler. 

Special Service. 



Agnes Strauchachin widow 
of David Murray. 



with fishings in Parish of 
Banchory Devenick. Fish- 
ings of Fords of Dee, annual 
rent of 44/ from Lands of 
Cortecrome Barony of 
Slains, annualrent of 6 
merks from Lands of 
Tormschon in Ellon. 



Art and part in a man- 
slaughter. 



Robert Anderson alias Ruids of Lands in Inverury. 
Ruds grandson of Rob- 
ert Andersone alias 
Ruds. 



June 13. Denial by Mair Depute. 
Protestation. 

Genl. Continn. 
July 3. Spuilzie. 

Sentences of Fine. 
21. Lawborrows. 

Continuation of the case 
Genl. Contnn. 
26. Act of Caution. 
Aug. 5. Blood drawing. 

Sept. 30. Special Service. 



William Watsone v. Rob- Defender appears and protests 
ert Setoun. for his expenses &c. 

To July 3. 

Georg Tailzeour v. Johne Defender protests for expenses 
Arthur and ors. &c. 



Wm. Wormit v. Adam 
Fif and Duncan Fif. 



of Fif. 



John of Dun. 



Wm. Fraser of Durris 
Matthew Branche are 
Cautioners. 

To 22d July. 
Do. 



Elene Gavain v. Duncan Accused pleaded guilty and 
Mathousone and Patry were fined. 
Moir. 



Wm. Murray to grand- 
father David Murray. 



Roods and parks at Newburgh 
described fully. 



44 



Diet Books : Vol. L, Contents 

Date. Nature of Entry. Parties. 



Subject or Res Cestae. 



15 if- Special Service. Alexr. Inglis son of John 20 of Inveramsay Fitbee and 

Sept. 30. (Ant. A. & . III. 375.) Inglis of Colquhailze. Newlands Barony of Bal- 

hagarty. 



Terce. 



Nicola Forbes widow of % part Lands of Under bod- 
John Gordoun of Nethir- dum and Carniestoun. 
boddum. 



Action for re-payment. 

Decree for expenses. 

Spuilzie. 

Spuilzie. 



James Fyndelaw and 4 of double mail received 
others v. John of Cullane. from Pursuer for Lands of 
Petbe. 

Henry Forbes of Kynnellor Defender found liable in 2O/- 
v. John Abele. of expenses. 



John Abel v. Henry Forbes 
of Kynnellor and others. 



Six threaves of beir with the 
fodder. Defender acquitted. 



John Baidienagh burgess of 24 threaves of oats out of a 

Inverury v. John Curry piece of ground called " the 

and Margt. Malvin his Stanners" in the Burgh of 

wife. Inverury. Guilty, fined 

and to restore. 



Action for Rent. 



Adam Weir Burgess of Rent of third of Milne Lands 
Aberden v. Androw of Petcapill 2 merks 8d. 
Blak in H.irlaw. John Blak and Androw 

Swap to relieve the De- 
fender. 



Continuation. 
Protestation. 



John Forbes of Brux v. 
David Wattirstoun. 



John of Cullane v. Alex- 
ander Inglis. 



Contd. to 3 1st Octr. 



Cullane complains that Inglis 
had summoned him before 
the King and Council but 
would not give him a copy 
of the summons. 



Action for rent. 



Desertion of Service. 



Witnesses fined. 



John of Mar in Newburgh 
v. John Adam. 



Thomas Gray of Scheves 
v. Symone Wobster in 
Caldwellis. 

Henry Forbes of Kynnel- 
lor v. Patry Diky. 



Decree agt. Adam, but to 

have relief agt. Win. 

Murray heir of Andw. 
Murray. 

Defender fined for not appear- 
ing. 



John Walcar in Cartrailzeane 
and two others cited as 
witnesses fined for absence. 



45 



Aberdeenshire Sheriff Court 



Date. 



Sept. 30. 



Nature of Entry. 
Blood-drawing. 

Blood-drawing. 
Blood-drawing. 

Blood-drawing. 
Agreement. 



Parties. 



Subject or Res Gestae. 



Andw. Mengeis v. Androw Burnat fined for not appearing. 
Burnat Burgeis of Aber- 
deen his master. 

Patry Mostrop in Futy v. Towy fined for not appearing. 
Thome Towy in Futy. 

Patry Tailzeour v. Robert Anthone fined for not ap- 
Anthone Tailor in Aber- pearing. 
deen. 



Anny Findelaw v. Marioun Clerk fined for not appearing. 
Clerk Spouse of Adam 
Weir. 

Nichol Elphinstone of Settlement of what was to be 
Glak v. Alexr. Walcar paid for peats from the moss 
in Petscurry Thos. Wai- of Glak. 
car his son and John 
Davidsone. 



46 



Illustrative Examples taken from Vol. I. of Diet Books 

Actions of Spuilzie 

This was the action by which, of old, a person who had been spoiled 
or despoiled of any moveable property or goods, which were de facto in 
his possession, and had been so for some little time, sought to recover 
them or their value from the despoiler. The word is found variously 
spelled Spulze, Spulzie, Spuilzie, Spoilzie, Spoylzie, Spoliacioun, and 
Spoliatioun being among the variations. The wrong done might be 
little more than technical, or it might be highly criminal ; but if property 
was taken brevi manu, or otherwise than in due course of law, it was not 
a sufficient defence to say that by rights, or according to equity, it 
belonged to the defender. The pursuer had only to allege and prove 
that it was in his possession, and his by repute, and that the defender 
had taken it, in order to succeed in his action. Many examples of this 
form of action are found in the Diet Books, and most of those in 
Volume I. are here given, together with specimens of evidence taken in 
such actions, even where no decision is recorded. 

I. 

(Before 31 July 1503) 

The said day Comperit Patrick Ogiluy procuratour for Patrick 
Gordoun [illegible] wardar of the lands of Melclrum and follovvit and 
persewit thir persones Murtho Thome Murtho Sandy 

Scheves Duncan Robertsone Waltir Robertsone Robert Hill Georg 
Johnstone Thomas Cotman with uthers thar complices for the 
Spoliacioun of xviii xx - bollis of aits with the foddir spulzeit of the hill 
of Bathelnuy quhilks personis lauchfully summond warnit comperit and 
accusit denyit the said spulzie And incontinent thareftir the said action 
of spulze with consent of baitht the said partys was put to the decisioun 
of ane assise of thir personis baronis frehaldars & gentilmen undir writtin 
that is to say Andro Frasser of Stanyvod Williame Craufurd of Federay 
Henry Annand of Ouchterellone Andro Tulidef of that ilk Henry 
Forbes of Kynnellor Robert Dugud of Auchnahuff William Blakhall 
of that ilk Johne Frasser in Ardglassy Robert Setone Thomas 
Chamer of Strathechin James King of Bourty Alexander Skene of 
that ilk Walter Berclay of Towy Robert Burnat of Balmad George 

47 



Aberdeenshire Sheriff Court : 

Lesly of that ilk Alexander Johnstone of that ilk & Johnne Dunbrek 
of that ilk quhilks riplie avisit the greit aitht suorne the richts ressonis 
allegacionis of baitht the said partys herd sene considerit and understandin 
deliuerit and furthgaif be the moutht of the said Williame Craufurd that 
thai culd not acquit the said personis of the spoliacioun of the said cornis 
becaus it was sufficiently preuit befor thame that thai spulzeit the samyn 
For the quhilks the said Low Murtho Thome Murthow Sandy 
Scheves Duncan Robertsoun Walter Robertsoun Robert Hill Georg 
Jhonstoun and Thomas Cotman thai & ilk ane of thame was adiugit in 
amerciament of the said court for as thai aucht to tyne of law for the 
vrangfull spoliacioun of the said cornys And als was adiugit to restor 
the said cornys And to pay v. sh. for euery boll with the foddir becaus 
it was sufficiently previt the said corne was samekle of waile in tyme of 
the spoliacioun therof 

II. 

(14 May 1504) 

The said day the Shreff assignit the nixt Shreff Court of Aberdene 
to be haldin withtin the tolbutht of Aberdene one Saturday the first day 
of Junij nixt to cum to Ormunde in Pettodry Johnne Donaldsoun in 
Knokallochie & Williame Diky in Drumdornotht to preiff sufficientlie 
the stak of aits contenyng fourty bollis price of the boll witht the foddir 
6sh. 8d. follouit be Jhonne Reide was bocht fra Sir Jhonne Symsoun, 
Chaplane And the said Sir Jhonn tuk him to preiff sufficiently the said 
aits bocht be him fra Johne Reid and dais of pament maid betuix thame 

(Eo. die) 

The said day Thomas Leslie forspekar for the said personis protestit 
for thar costs skaithts and expensis maid be thame throw the pursewt of 
Johnne Reid 

(i June 1504) 

The said day Henry Suaipe duelland in Drumdurno deponit be his 
aitht that Ormonde in Pettodry bocht the stak of aits followyt be Johnne 
Rede perdoner 1 fra Sir Johnne Symsone Chaplane at Logydurnoth and 
the said Sir Johnne bocht the said stak of aits with the fodir fra the said 
Johnne Rede perdoner 

William Patersone in Drumdurnoth concordis witht the 

said depositioun 
Johnne Little Johnne in Drumdurnoth concordis with 

the said depositioun 

Alexr. Young in Logydurnoth concordis with the saide 
depositioun 

i Pardoner, i.e. a seller of Papal Indulgences. 
48 



Diet Books: Vol. L, Spuilzies 

(Eo. die) 

The saide day it was deliuerit be the said assiss that Ormonde in 
Pettodry Jhonne Donaldsoun in Knockallochc ande Williame Diky in 
Drumdurnotht was fundin quyt be the said suorne assiss of baronis ande 
frehaldars of the saide Shrefdome suorne the gret bodely aitht of the 
spoliacioun masterfule avaytakin ande withhalding of ane stak of aits 
fra Jhonne Rede perdonir out of Andro Nicholsone yarde in Pettodry 
followit & clamyt be the said Jhonne Rede perdonir be my precepts 
direct therupoun 

(The Assize in the foregoing case were 
Alexr Irvine of Drum 
Wm Eraser of Phillorth 
Sir Gilbert Hay of Ardendraucht 
Wm Craufurd of Fedderay 
Walter Barclay of Towy 
Alexr Skene of that Ilk 
Alexr Caldour of Sonnahard 
Alexr Johnstoun of that Ilk 
Andrew Buchan of Auchmacoy 
Alexr Mortymer of Craigievar 
John Gardin of Lathers 
Wm Blakhall of Bourty 
John Dunbrek of that Ilk 
Wm Blakhall of that Ilk 
George Lesly of that Ilk 
Henry Forbes of Kynnellor 
William Turing of Foueran 
Andrew Crage of Crageffintra 
John Ross of Auchlossin 
Alexr Wentone of Andait 
John Dawgarno of Garinffintra 
Thomas Burnat of Casks 
Alexr Cromy of Petmethanc and 
Thomas Burnat of Balmad 
24 in all). 

III. 

(31 July 1504) 

The said day Williame Maitland at the Chepaltoun of Scheuess was 
maid quyt of the spoliacioun of ane meir follouit be Sande Stut be the 
said assiss suorne therto 

(The Jury here numbered 1 1.) 

G 49 



Aberdeenshire Sheriff Court: 

IV. 

(i February 1504-5) 

The said day James Urtane in Auchinfourty was conuict be the said 
ane (sic) assiss for the spoliacioun masterful away taking and withhalding 
of nyne thraif of aits and fyve thraiff of beir out of the landis of Blakhall 
quhilk was arrestit at command of William Blakhall of that Ilk 1 be his 
offkiar of the ground for the quhilks the said James was in ane amercia- 
ment of the said Court and aw to restor the said ground 

V. 

(Eo. die) 

The said day Duncan Mortimer in Nethir Auchquhorty and 
Alexander Forbes of Auchorty war conuict be the said assiss of the 
spoliacioun of ane gray horss follouit be Johne Wat duelland in the 
Glasco of Knokinblewis and of ane heving ax fra Johnne Patry duelland 
at the Myln of the samyn 

VI. 

(29 April 1505) 

The said day Williame Scrimgeour ane of the maris deputs of 
Abirdene at command of the Shref lauchfully summond Andro Eliss one 
that ane part to compeir the said day and place [within the Tolbooth of 
Aberdeen on Saturday, ijth May] befor the Shref of Abirdene thar to 
ansuer at the instance of Andro Lesly for the wranguiss spoliacioun 
awaytakin & withthalding fra him of ane gray horss price iij lib 

(Eo. die) 

The saide day Patry Jamesone deponit be his aithe that the lard of 
Warders gaf the gray horss to Androu Leslie and he saw Androu Elyss 
have hyme and one hyme rydande in the ground of the Ouhiltis 2 lange 
tyme thareftir 

(17 May 1505) 

The said day Johnne of Mar fand ane borgh in the hands of Thomas 
Bisset mair of fee of the said Shrefdome that thiftuisly Andro Elison hed 
stowin ane gray hors fra Andro Leslie and the lard of Balquhane come 
souerte for the said Johnne of Mar to folloue the said borgh and 
Robert Dogud of Auchnahuf come souerte to enter the said Andro 
Elisone befor the said Shref of Abirdene or his deputs ane or mai in the 

I William Blakhall of that Ilk seems to have been one of the assize. 
2 Probably Cults in Kennethmont. 

5 



Diet Books: Vol. I., Spuilzies 

Shref Court of Abirdene to be halclin within the tolbuthe of the burgh of 
Abirdene one Saturday the vii day of Junii nixt to cum in the hour of 
caus 

(7 June 1505) 

The said day Robert Dogud of Auchnahuf enterit Andro Elisone 
befor the said Shref deput thar till ansuer to the borgh and underly the 
law fundin one him be Johnne Mar forspekar for Andro Lesly for the 
thiftuiss steling of ane gray horss fra the said Andro Lesly as in the act 
of the buk obefor maid tharupoun mair fullely is contenit 

(Eo. die) 

The said day William Leslie of Balquhane oblist him be his hand 
landes and gudis that Andro Lesly sail compeir befor our Soueran 
Lordis Justice the thrid day of the nixt Justice Ayr of Abirdene to be 
haldin within the tolbutht of the samyn burgh be himself or his procura- 
touris thar to folloue the borgh of thift fundin one him be Johnne Mar 
forspekar for the said Androue Elisoun for the thiftuiss steling fra him of 
ane gray horss undir the pane of xl lib 

(Eo. die) 

The said [day] Robert Dogud of Auchnahuf oblist him be his hand 
lands and gudis to enter Andrew Elisone the thrid day of the nixt 
Justice Ayr of Abirdene to be haldin within the tolbuith of the burgh of 
Abirdene thar to underly the law and ansuer to the borgh of thift fundin 
one him be Johnne of Mar procurator for the said Andro Lesly for the 
thiftuis steling of ane gray horss 

[At this point the case, which seems to have been a spuilzie of the 
criminal kind, disappears from the Sheriff Court] 

VII. 

(12 May 1506) 

The said day the Assiss continevit the Actioun of Spulze betuix 
George Meldrum of Petkerry & the lady of Tochone & hir mene anent 
the spoliacioun of tua oxin to the nixt heid Shref Court of Abirdene to 
be haldin eftir the fest of Sanct Michaele in siclyk force forme & effect 
as it stands nowe but preuidice tile any party becaus the said actioun is 
gret & doutwys to thame Ande the principale barones mast of knaw- 
ledge ande undirstandin ar not present Ande ordanit the deposicionis 
of the Witnes taken in the said actioun be closit & kepit to the said 
Court ande newe precepts be directit to batht the said partiis to summond 
thar Witnes to the said Court tile inforce & preiwe thar allegeance in 
deu forme to the informacioun of the assiss & to bring with thame thar 
richts & resonis concerning the said actioun 

S 1 



Aberdeenshire Sheriff Court : 

(6 June 1 506) 

The said day the Sreff assignit the thrid day of July nixt to cum to 
Margret Forbes lady of Tochonne and hir men one that ane part and to 
George Meldrum fear of Fiwy one that uthir part witht an express con- 
sent and assent of the said partiis to compeir befor him in the Shref 
Court of the said Shreffdome to be haldin withtin the tolbutht of Abir- 
dein as day of permptour for ane finall decret decisioun and end to be 
hed anent the spoliacioun of tua oxin persewit and follouit be the said 
Margaret and hir men agane the said Georg as law will but ony 
excepcioun delatour and ordanit thame to bring with thame thar richts 
resonis witnes and previs quhilks thai haue and will wiss in the said 
mater and ordanit precepts to be direct to summond the assiss that 
passit apoun the said mater obefor and uthers best and worthiast withtin 
the Shrefdome lest suspect and best knauis the werate to compeir the said 
day to pass one ane assiss 

(3 July 1506) 

The said day becaus the actioun of Spulze of tua oxin follouit & 
persewit be Margaret Forbes lady of Tochoun & hir mene agane 
George Meldrurn fear of Fywe has beine diuerss tymes continewit as yeit 
with consent of baitht the said partiis the samyn actioun was continewit 
to the nixt hed Court of the said Srefdome to be haldin withtin the 
Tolbutht of the burghe of Abirdene one Tuysday the sext day of October 
next to cum becaus the haile baronis & frehaldars wald be present that 
day to have ane finale decisioun according to Justice 

(13 January 1506-7) 

The xiij day of the monetht of Januar the yeir of Code j m fiwe hund- 
reth & sex yrs We Williame Craufurde of Federay Alexr Mortimer of 
Crageuer Williame Turing of Fouerne Andrew Tulidef of that Ilk 
Johne Ross of Auchlossin Ranald Oudny sone & appering ayr to 
William Oudny of that Ilk & Johne Dunbrek of that Ilk ane part of 
the assiss chosin & suorne obefor to determe & knawe anent the actioun 
of Spulze of tua oxin follouit & persewit be Alexr Scheres & Johne 
Johnesone agane George Meldrum fear of Fywe out of the lands of Fywe 
pertening to Margaret Forbes Lady of Tochone That quhar the said 
Georg befor the Shref deput of Abirdene denyit the saide spulze & tuk 
to preiwe that the saide Alexr Scheras & Johne Johnesone deliuerit to 
him the said tua oxin to be prisit for his anuell &c Deliuers & finds 
that the said George has falzeit in his preiwe for ony thing that we have 
seyne as yet Writtin & deliuerit under part of our selis & subscriptionis 
of our hands day & place forsaid 1 

I Only seven of the Jury meet and come to a finding on this day. 
52 



Diet Books: Vol. L, Spuilzies 

(13 April 1507) 

The xiij day of Aple the yeir of Code j m v c & vij yeirs Alexr Skene 
of that Ilk Jonhne Forbes of Echt & George Leslie of that Ilk deliuers 
that the said George has falzeit in his preiwe for ony thing that thai hed 
seyn as yet becauss the said tua oxin was unorderlie tane and aw to 
restoir the samyn oxin to the said mene & to the ground & Williame 
Blakhale of the Baroche of Bourty deliuerit that the said George 
Meldrum hed falzeit in his preiwe anent the said tua oxin 1 

(15 April 1507) 

The xv day of Aple forsaid Alexr Johnstone of that Ilk deliuerit 
& fand the said George Meldrum quyt of the Spulze of the said tua oxin 
Robert Burnat of Balmad deliuerit be his aithe that George Meldrum hed 
falzeit in his preiwe anent the said tua oxin & that thai was unorderlie 
tane & awe to restor thame agane 2 

(15 April 1507) 

The said day the Shreff continewit the deliuerance betuix the lady 
of Tochoun and George Meldrum fear of Fiwe to the viij day of Mays 
that nixt cummis becaus ale the assiss has nocht deliuerit And 
summond the said George's procuratours personaly to compeir the said 
day to heir the said deliuerance to be deliuerit and that the said deliuer- 
ance be deliuerit that day but ony langer delay 

(5 June 1507)4 

The xiij day of the monetht of Januar the yeir of God j m v c ande 
vi yeirs William Craufurd of Federay William Turing of Foverne 
Andro Tulideff of that Ilk Johnne Ross of Auchlossin Ranald Oudny 
sone and appering ayr to William Oudny Johne Dumbrek of that Ilk 
Alexr Skene of that Ilk & Robert Burnat of Balmad & William 
Blakhall of the Bareouche of Bourty William King of Bourty Robert 
Lumysden of Madlar & Andro Crag of Crag-Fintray chosin ande 
suorne in ane assiss befor ane honorabill man Alexander Bannerman of 
Watertoun Shref deput of Abirdene to decid anent the spoliacioun of tua 
oxin follouit and perseuit be Alexr Scheres and Johnne Johnesone 
agains George Meldrum fear out of the lands of Fiwe pertenyng to 
Margaret Forbes lady of Tochone that quhar the said George denyit the 
Spulze and tuk to preiwe that the said Alexr Scheres and Johnne 

1 Four more of the Jury give sentence. 

2 Here we have the findings of other two Jurors. 

3 No entry is found on 8th May ; but it may be assumed that the case was called and 
continued. 

4 It will be observed that, although entered of this date, the verdict is dated i$th January. 
The discrepancies in the names of the Jurors are also strange. 

53 



Aberdeenshire Sheriff Court : 

Johnesone deliuerit to him the said tua oxin to be prisit for his annuell 
etc Deliueris & fynds that the said George has failzeit in his priewe & 
has done wrang in the takin of the said tua oxin ande awe to restoir 
thame agane to the said Alexr and Johnne or ellis the valour of thame 
Ande the Sreff ordanis precepts to be direct tharupoun 

(30 October 1507) 

The said day Johnne Johnesone opinly grantit that he had ressauit 
and takin be the handis of George Meldrum of Fiwe full pament of his 
part of the tua oxin takin fra him and Andro Scheras and of all costs 
skaithts dampnes and expenss maid and sustenit tharthrou Ande 
quietclamyt the said George his ayris executouris ande assignais now and 
foreuer And attour he denyit that euer he maid Margret Forbes lady 
of Tochone nor Alexr Forbes in Echse his procuratours to follou the 
said George for the said oxin nor yit for costs skaithts and expenss 

(n January 1507-8) 

The said day in the actioun and caus persewit and follouit be 
Margret Forbes lady of Tochone agains Alexander Scheras and Johne 
Johnesbne anent thar richtis of tua oxin taken fra them be George 
Meldrum of Fiwy and the costs and expenss maid and sustenit be thame 
as in the precepts direct tharupone is contenit It was sufficiently preuit 
that the saidis Alexander and Johne has given ale thar richts that thai hed 
or mycht haue to the said tua oxin and to the expenss maid be thame 
and hir to folloue the said oxin and expenss And that thai tuk pament 
fra hir for the samyn thre yeiris bigane and surrogat hir in thair richt 
anent the said oxin and expenss 

(Eo. die) 

The said day Master Johnne Lindesay procuratour for George 
Meldrum of Fiwy solemptlie protestit for his costs ande expenss maid 
and sustenit becaus he was summond to the said Court to ansuer at the 
instance of Margaret Forbes lady of Tochone procuratour as scho allegeit 
to Alexander Scheras and Johne Johnsone becaus scho follouit not the 
saide George or euer scho be hard in jugment in tyme to cum 

VIII. 

(6 June 1506) 

The said day Dauid Riddaill in the Smithehill was conuict be the 
said assiss for the wranguiss spoliacioun awatakin and withthalding of 
ane ox of William Grais out of the lands of Drumbrek for the quhilkes 
he was in ane amerciament of the Court and to restoir the said ox and 
to amend as law will and forbear in tyme to cum and that was geuin for 
dome 

54 



Diet Books: Vol. I., Spuilzies 

IX. 

(3 July 1506) 

The said day William Rannaldsone yongar in Diss William 
Mortimer and Robert Reid in Logy was maid quyt of the spoliacioun 
masterfule heuin & detencioun of the grene wode of the lands of 
Litill Dyss & of ane bog of the said lands follouit be Williame Johnestone 
secunde sone to Alexr Johnestone of that Ilk be the said assiss 
immediate befor writtin 

X. 

(3 July 1506) 

The said day George Leitht of Barnys deponit be his aitht that 
William Warrandir spulzet ane pee & ane huid fra Gilbert Red price of 
the pe ii s price of the huid iiij d 

XL 

(u January 1507-8) 

The said day Thomas Bisset mair of Fee of the said Shefdome at 
command of the Shef summond warnit and chargit Jonet Funzeis in the 
Newtoun of Brux Johne Brabner in Cottishill and Waltir Bothill in 
Unerdrummellouche personaly apprehendit to compear befor the Shef of 
Abirdene or his deputs ane or mair in the Shef Court of Abirdene to be 
haldin withtin the tolbuth of the samyn one Tuisday the first day of the 
moneth of Februar nixt to cum in the hour of caus thar to ansuer at the 
instance of Marioun Moises for the spoliacioun fra her of ane cowe price 
xxviij s And summond Cirste Richeson Andro Richeson Johnne 
Forbes Johne Toschay Cirste Rerincshon to compeir the said day 
to beir leill witness in the said mater in sa far as thai knave and sal be 
sperit at thame 

XII. 

(27 February 1507-8) 

The said day William Makesone millarduelland at the Justice Mills 
of Abirdene follouit William Rawok in Rudristone David Eduard & 
Alexr Duncan duelland in the said toun for the spoliacioun masterful 
awaytakin & withhaldin fra him of thre firlotts of meil out of his houss 
at the saids mills quhilk spoliacioun the saids personis denyit & incon- 
tinent it was put to the decisione of thir personis chosin and suorne in 
ane assiss that is to say [here follow names of jurors 19 in number] 
quhilks riply auisit the rychts resonis and allegaciouns of baitht the partiis 
hard sene and understandin witnes & pruiss producit suorne & deponit 

55 



Aberdeenshire Sheriff Court : 

fand & deliuerit be the moutht of the said Andro Strachachin forspekar 
of the said assiss ale in ane voce concordand that thai coude not acquyt 
the said William Rawok Dauid Eduard & Alexr Duncan of the 
spoliacioun of the said thre firlotts of meile for the quhilks Ilk ane of 
them was in ane amerciament of the Court &c and tile amend as law 
wile and forbeir in tyme to cum and that was geuin for dome be the 
moutht of William Fynne dempstar of the said Court 

XIII. 

(8 May 1507) 

The said day comperit Mureale Sutherland the Relict of umquhill 
Alexander Setone of Meldrum lauchfully summond till ansuer at the 
instance of Robert Hill for the wranguis takin fra him of ane broune 
hors price xxxviij s tua ky with calf price of the pece xx s and 
and ane yong ox price xiiij s out of the lands of the toun of 
Bothelny awouyt [avowed] the takin of the said guds be hyrself and 
Master James Setoun hir forspekar for hir maile of the said lands per- 
teining till hir be resone of terce Ande thereftir producit ane precept 
of the Srefs direct to the Mars making mention that thai hed kennyt 
hir till hir ressonabill terce of the said lands for the quhilks it was fundin 
that the said Mureale hed done nay wrang in the takin of the said guds 

XIV. 

(S July 1508) 

The said day Duncan Roger deponit be his aitht that Johnne Wood 
spulzet out of the lands of Mukholl fra the lard of Mukholl tua steirs 
and ane yong cow price of the pece xij s Ilk an of tham thre yeris 
auld and ane steir of tua yers auld price vi s aucht pennis quhilks gudis 
was prisit to the said lard befor the away takin of thame and was under 
his arrest or thai war spulzet 

Williame Foular concords in ale things witht the said Duncan 

Roger's deposicioun 

Thomas Mar concordis in ale things witht the said Duncan's de- 
posicioun 

Petyr Mar concordis in ale things witht the said Duncan Roger's 
deposicioun 

XV. 

(S July 1508) 

The said day Johnne Blinseill deponit be his aitht that he knew 
naything 

56 



Diet Books: Vol. L, Spuilzies 

Johnne Smitht deponis be his aitht that he herd say Duncan Crag 
and Sande Crag chapman spulzet ane ox out of the Lathis fra George 
Bisset price xviij s And herd say that thai kest doon certan houss 
of the said George and tuk away certane tymmer and is skaithtit 
tharintill xxiiij s 

Johnne Clerk deponis be his aitht that he arrestit ane ox one George 
Bisset's behalf quhilk Duncan Crag and Alexander Crag chapman hed 
away and the said Johnne Clerk arrestit the timmer and he herd say that 
thai hed away the tymmer 

Alexander Richerdsone deponit be his aitht that Duncan Crage and 
Alexr Crag chapman spulzet an ox out of the Lathts fra George Bisset 
quhilk ox was wortht xviij s and thai kest doun certan houss of the 
said Georgs and the biggin is skaithit but he wait nocht how mekle quhill 
it be prisit 

William Kelly deponit be his aitht that Duncan Crag and Alexr 
Crag chapman spulzet ane ox out the Lathts fra George Bisset wortht 
xx s and thai tuk doun certan houss of the said Georgs quhilks 
houss is skaithit xxiiij s etc 

XVI. 

(17 April 1509) 

The said day It was fundin that Androu Dune had spulzeit Aly 
Wattis douthir of ane Cloik of tanny thre elne of gray claitht ane sark 
and curche and uther smale geir as is contenit in the precept impetrat 
tharupone for the quhilk he was in amerciament of the Court etc 



XVII. 

(Eo. die) 

The said day the assiss befor writin fand and deliuerit that Alexr 
Wentone of Andait was quyt of the spoliacioun of xx bollis of aitts ij 
dusane of caponis perseuit be Thomas Wodman And alsua thai 
deliuerit that Thomas Wodman has wrangit for the wranguiss with- 
haldin of a dusane of caponis fra the said lard of Andait and aucht to 
pay him yerlie induring the termes of his assedatioun a dusane of caponis 
with the pertinence to be ettin in his hous on the Breklaw And that the 
said Thomas had done wrang in the away takin of certane caponis thai 
being under the said Alexander Andaitts arrest for the quhilks the said 
Thomas was in amerciament of the Court And tile amend as law will 
And that the said Thomas has done na wrang in the occupatioun of the 
tak of Breklaw and aw to breuk the samyn efter the tenour of his 
assedatioun And ordanit the said Alexander to gif him ane enteress 

H 57 



Aberdeenshire Sheriff Court : 

to thak and raip of the said tak eftir the tenour of the Acts of Parliament 
And sale nocht inquiet him in the peciable breuking of the said tak 
in tymes bigane and to cum forthir na his assedaction 

XVIII. 

(i February 1509-10) 

The said day the assiss befor writin deliuerit and fand that.Androue 
Riche hed spulzeit ane broune oxe fra Henry Forbes of Kynnellar price 
ij marks out of Dulab be the suorne preuiss producit befor thanne for the 
quhilks he was in ane amerciament of the Court etc 

XIX. 

(9 April 1510) 

The said day Alexander Malvin at command and charg of the Shref 
summond Thomas Fowler Johnne Andersone and James Esdaill to 
comper the xi day of Maij nixt to cum at the Instance of Henry 
Chamer for the spoliacioun of viii thraif of beir perteinyng to hyme 
that is to say the said Thomas to ansuer for the said spoliacioun And 
the said Johnne and James to beir leill witness betuix the said personis 

(ii May 1510) 

The said day Thomas Fowlar in the Leylug was conuict be the 
said Assiss for the spoliacioun masterfull awaytakin and awayhaving of 
aucht thraif of beir out of certane Rudes and Croftis Hand in the burgh 
of Kintor pertening in heritage to Henry Chamer for the quhilks he was 
in amerciament of the Court and till amend as law will and forber in 
tyme to cum and that was geuin for dome be the moutht of Wilzeam 
Fynne dempstar of the said Court 

XX. 

(31 July 1510) 

The said day Alexander Malvin mar deput at command of the 
Shref summond Alexander Forbes sone and ayr till George Forbes of 
Auchintoule one that ane part to ansuer at the instance of Wilzeame 
Watsone for the wrangouss spoliacioun awaytakin and withhalding fra him 
of ane you price iiij s And for the wereing 1 of ane uther yow and 
lambe with his handis And for the distructioun and etting of ane rig of 
beir apprisit to half ane boll of beir extending to xiii s iiii d the boll 
with the fodir eftir the tenor of the precept geuin tharupoun And als 
summond the said Wilzeame to comper the said day 2 and place to 

1 Strangling. 

2 Wednesday after Michaelmas Head Court as stated in the immediately preceding entry in 
the Diet Book. 

58 



Diet Books: Vol. I., Spuilzies 

follow the said spoliacioun quhilks personis the said mar summond 
personaly in jugment befor the Shref in plane court 

(i October 1510) 

The said day Alexander Forbes sone and appering ayr til Georg 
Forbes of Auchintoule was maid quyt be the said Assiss for the spolia- 
cioune of ane you clamyt be Wilzeame Watsone And for the wereing 
of an uther you & a lambe with his handis And for the distructioun and 
eting of ane Rig of beir clamit be the said Wilzeame Nochtwithstanding 
the said Assiss ordanis the said Alexander to pay iij s to the said 
Wilzeame 

XXI. 

(i October 1510) 

The said day Wilzeame Mortymer in Kintochir was quyt be the said 
Assiss for the spoliacioun of tua horss out of the landis of Campfeld 
pundit be Johnne Gordone of Cusny 

XXII. 

(Eo. die) 

The said day the said Assiss fand and deliuerit that thai culd not 
acquit Andro Roust and Johnne Goddisman of the unordourly and 
wranguiss takin of viij hed of nolt out of the mylne landis of Campvele 
And for the spoliacioun of the said aucht hed of nolt out of the said 
landis pertenyng to Johnne of Gordone of Cusny for the quhilks ilk ane 
of thame was in amerciament of the Court 

XXIII. 

(i October 1510) 

4SS7SA 

Johannes Forbes de Petslego Georgius Abircromy de Petmethane 

Patricius Berclay de Garntuly Alexander Caldour de Sonnahard 

Walterus Berclay de Towy Alexander Mortymer de Cragyver 

Georgius Gordoun de Mydmar Johannes Gardin de Durlathers 

Thomas Fraser de Stanyvod Henricus Forbes de Kynnellour 

Williamus Craufurd de Federay Alexander Coutys de Ouchtercoul 

Johannes Mowat de Luscragy Johannes Troup de Comolegy 
Patricius Steuart de Latheris 

The said day the Assiss befor writin all in ane woice concordand 
Deliuerit and fand that thai culd nocht acquyt Georg Hervy in Elryke of 
the wranguiss and unordourly intrometting and takin of ane part of beir 
with the fodir fra Johnne of Mylne out of ane croft of the Mylne of 
Durnocht And of ane brovne meir out of Mekle Durnocht Alsua that 

59 



Aberdeenshire Sheriff Court: 

thai culd not acquyt the said Johnne of Myle now duelland at the Myle 
of Innerramsay of the wranguiss and unordourly takin and intrometting 
of certan beir with the fothyr out of the said Georgs barne yard be the 
space of x yeris bigane And ordanis baitht the said pairtiis to tak 
precepts and summond thar witnes and preiffis to preif the quantite of 
the said cornys And that being preuit thai culd nocht acquit baitht the 
said pairtiis of spoliatioun 

(Eo. die) 

Thomas Donald and Thomas Maulvel summond lauchfully warnit 
callit and nocht comperit to have borne witnes in the actioun debatable 
betuix Johnne of Mylne and Georg Hervy ilk ane of thame in amercia- 
ment in defalt of presence 

(Eo. die) 

The said day Alexander Malvin Mar deput at the command of the 
Shref continewit this Court and al actionis dependand undecidit in the 
samyne to the Shref Court to be haldin within the Tolbuitht of the said 
burgh one Thurisday the last day of October instant in sicklik strintht 
force and effect as thai do now And summond al baronis landit men 
and frehaldars personalie to comper the said day to serve our Soueran 
Lord in the actionis undecidit dependand in the samyne 

(31 October 1510) 

The said day the Shref continewit the resauing of the witnes anent 
the preif of the quantite of the beir and fodir takin and intromettit be 
Johnne of Mylne at the myl of Innerramsay pertening to Georg Hervy 
one that ane pairt And likuiss the witnes summond to preif the 
quantite of the beir and fodir intromettit and takin be the said Georg 
Hervy clamyt be the said Johnne of Mylne on that uther pairt with con- 
sent of baitht the pairtiis present for the tyme to the Shref Court to be 
haldin within the Tolbuitht of Abirdene one Friday the penult day of 
Nouember nixt to cum And als the Shref ordand Alexander Malvin 
Mar deput to summond the said witnes to comper the said day to depone 
in the said mater eftir the tenour of athir of thar precepts rasit thair- 
apone 

(29 November 1510) 

[All cases continued to the Head Sheriff Court on Tuesday, yth 
January next ] 

(7 January 1510-11) 

The said day Georg Gardin lauchfully summond callit and nocht 
comperit till have borne witnes to preve the quantite of beir intromettit 
be Georg Hervy pertening to Johnne of Mylne in amerciament of the 
Court in defalt of presence 

60 



Diet Books: Vol. L, Spuilzies 

(Eo. die) 

The said day in the actioun and causs of the quantite of the beir 
followit and persewit be Jonhne of Myln at the Myln of Innerramsay 
spulzeit fra him be George Herwy duelland in Elrik and anent the 
quantite of the beir spulzeit be the said Jonhne fra the said George It 
wes sufficientlie previt that the said George sail restoir to the said Jonhne 
xiiij bollis of beir with the fodir spulzeit fra him And the said Johne 
sail restoir to the said George ix bolls of beir with the fodir spulzeit fra 
him for the quhilks spoliatioun Ilk ane of the said pairtys wes in ane 
amerciament of the Court and till amend as law will and forbeir in 
tyme to cum 

(29 April 1511) 

The said day it was deliuerit and ordanit that Georg Hervy sal 
content and pay to Johnne of Mylne six marks usual money of Scotland 
betuix this and Sanct Seruanis day nixt to cum For the quhilks the 
said Johnne of Mylne has remittit the said Georg of all maner of debattis 
actionis causis and querellis debatable betuix thame tueching the half of 
the Mylne and Mylne landis of Durno the apprising of certane corne the 
clame of ane broune meir King's letters preceptis and acts in the Court 
buk and all uthir and sundre causis betuix thame bigane and to cum 
tueching the said materis And in likuiss the said Georg has remittit 
and forgevin the said Johnne of all and sundre the actionis persewit be 
him on the said Johnne tueching the said mylne and mylne landis letters 
precepts and acts Quhilks personis sail stand in ayfauld unite and 
concord in tyme to cum and nevir to be herd ane agains utheris pleyand 
anent the said actionis 

XXIV. 

(7 January 1510-11) 

The said day Thome Chapman with Master Johnne Marscheale his 
forspekar follouit Robert Dodis in Mydmar for the spoliacioun master- 
full awaytakin and withhalding frae the said Thomas of ane ox out of 
his tak of Mydmar be the space of sex yeris bigan quhilk spoliacioun the 
said Robert denyit And incontinent thereftir the said actioun was put 
to the decisioun of ane assiss of thir personis undirwritin that is to say 
Alexr Irvin of Drum Georg Meldrum of Fyvy Wilzeame Fraser of 
Phillortht Gilbert Hay of Ardendraught Knyt Wilzeame Hay of Ury 
Walter Berclay of Towy Johnne Forbes of Petslego Wilzeame Turing 
of Fouerne Thomas Fraser of Stanyvod Wilzeame Johnstone of that 
ilk Alexander Cuming of Cultyr Alexander Mortymer of Cragyuer 
Patry Reid of Collistoun and Johnne Gardin of Lathers chosin and suorne 
in ane Inqueist Quhilks riplie auisit the ryghts ressonis and allegacionis 
of baith the said partiis herd sene considerit and understandin witnes and 

61 



Aberdeenshire Sheriff Court: 

preuis led Deliuerit and furthgef that thai culd not acquyt the said 
Robert Dodis of the spoliacioun masterfull awaytakin and withhalding 
of the said ox fra the said Thomas Chapman for the quhilks the said 
Robert was in amerciament of the Court and aucht to restor the said ox 
again to the said Thomas and til amend as law wil and forbeir in tyme 
to cum And that was geuin for dome be the moutht of Alexander Blak 
dempstar of the said Court for the tyme Quhilk oxe was set be the said 
assiss to xxiiij s 

XXV. 

(29 April 1511) 
ASSISA 

The said day Johnne Lord Forbes Alexander Irvin of Drum Knyt 
Georg Meldrum of Fyvie Alexander Irvin of Forglene Waltir Berclay of 
Towy Patry Berclay of Garntuly Johnne Mowat of Lustcragy Wilzeame 
Turing of Foverne Wilzeame Johnstoun of that ilk Johnne Forbes of 
Brux Wilzeame Hay of Ury Patrik Steuart of Lathers Robert Gordone 
of Fotyrletter James Chene of Straloche Thomas Craufurde sone and 
appering to Wilzeame Craufurd suorne in ane assiss fand decretit and 
deliuerit that Wilzeame Blakhall of that ilk is quyt of the wranguiss 
withhalding of v lib viij s usual! money of Scotland of maile clamyt be 
Issabell Crukschank the spous of Robert Gardin for the half landis of 
Littlefolayblakwattir and of the spoliacioun and distructioun of the cornis 
being apoun the said landis becaus the said Wilzeame schew instrumentis 
and documentis of the alienatioun and possessioun of the said landis maid 
to him be the said Robert hir spous And na document nor knawleg 
cum in nor schewn of his deceis 

XXVI. 

(3 July 1511) 

The said day Georg Tailzeour lauchfully warnit callit and not com- 
perit to persew Johnne Arthour Alexander Kintor Patry Arthour 
Robert Arthour and ane seruand woman of the said Alexr Kintors 
callit for the spoliacioun fra him of his bag belt knyf and 

fifty schillingis of money etc Quharfor Andro Elphinstone of Selmys 
forspekar of the saids personis protestit for costis skathes dampnis and 
expensis and be quyt of the said Georgs challang unto the tyme thai be 
new summond and protestit 

XXVII. 

(30 September 1511) 

The said day it was fundin and deliuerit be the said assiss that 
Johnne Curry Margaret Malvin his spous had spulzeit fra Johnne 
Baidenagh burges of Inneroury xxiiij thraif of aits or therby out of 

62 



Diet Books: Vol. L, Deforcements 

ane pece of land callit the Stanners Hand within the burgh of Inneroury 
pertening to the said Johnne in assedatioun For the quhilks ilk ane of 
thame was in amerciament of the Court and audit to restor the said aits 
agane to the said Johnne 



Deforcements 

Deforcement is the crime of forcibly preventing an officer of the law 
or his assistants from executing the legal warrant of a competent court. 
Green's Encyclopedia. A few cases are found in the Ada Dominorum 
Auditorum, 1466-94, and in the Ada Dominorum Concilii, 1478-95. 
Previous to 1581 Deforcement was apparently dealt with under the 
common law ; but in that year, and subsequently, it became the subject 
of legislative enactment 

I. 

(9 January 1503-4) 

The said day Duncane Roy oftymes callit warnit and nocht comperit 
tile haue hard one deforce previt one him by Willeame Malvin mair deput 
in the execucioun of his office was in amerciament of the Court etc 

(Eo. die) 

Johnne of Cardny deponit the gret aitht suorne that he bestud heird 
sawe and for witnes was tane quhene Williame Malvin mair deput pundit 
and distrenzheit Duncan Roy for his unlawis in the extret of the last 
Justice Ayr of Abirdene and tuk fra hyme xvij ky and oxin and the 
said Duncan deforsit the said William and tuk his guds againe with 
the perele 

II. 

(Eo. die) 

The said day Alexander Cowtis of Ouchtercoule oftymes callit 
warnit and nocht comperit tile haue sene ane deforce previt one him maid 
be Thomas Bisset (mair) of fee in the execucioun of his office was in 
amerciament of the Court sic as he aucht to tyne of law and that was 
gevin for dome 

(Eo. die) 

Williame Malvin and Willeame Bannerman deponit be thar aithts 
that thai bestud hard and saw and for witnes was tane quhen Thomas 
Bisset mar of fee pundit Alexander Cults of Ouchtercoule for certane 
unlawis in the last extret of the Justice Ayr of Aberdene and tuk fra him 
tua horss and the said Alexander deforsit the said mar and tuk his guds 
againe with the perele 

63 



Aberdeenshire Sheriff Court : 

III. 

(7 January 1504-5) 

The said day Dauy Farchar and Farchar Farcharsone dwelland in 
and William Malvin Younger deponit the gret aitht that thai 
bystud harde say quhar witnes was tane quhene Thomas Bisset mair of 
Fee pundit and distrenzet ane horss of Robert Dougudis of Auchnahuff 
for certane amerciaments and unlawis of the Court in the quhilks he was 
conuict be ane precept of the Shreff ande the saide Robert masterfully 
tuk the said horss fra the said mair And In likuiss quhen the saide 
mair pundit distrenzet and tuk ane horss for certan unlawis of the Court 
as said is fra Johne Ross of Auchlossin the saide Johne tuk the horss 
fra the said mair 

(Eo. die) 

The said day Robert Doguid of Auchnahuff oblist him faithfully to 
stand at the ordinance of Alexander Iruyn of Drum Knicht and Alex- 
ander Bannerman Shref deput of Abirdene anent the debatis of the 
unlawis and deforssing of the Officiar etc 

(Eo. die) 

The said day the Shreff continewit the dome of the deforceinge of 
Thomas Bisset and Williame Melvin Mars to the Shreff Court to be haldin 
within the Tolbuth of Abirdene the first day of Februar nixt to cum 



IV. 

(15 July 1505) 

The said day Alexander Melvin ane of the man's deputs Thomas 
Leg Patry Rait and Williame Andersoun deponit the gret aitht that thai 
bystud herd schaw for witnes was tane quhen the said Alexander pundit 
and distrenzeit certan nolt for the [sic] ane unlaw of the Comissers of 
the burgh of Fiwe contenit in the extrect of oure soueran lords Justice 
Ayr of Abirdene extending to xl s quhilks guds Georg Meldrum of 
Petkerry masterfully tuk fra the said Alexander witht the perall of law 
and deponit that the said Georg was summond be the said Alexander to 
compeir the said day to heir the said deforcement preuit one him quhilks 
lauchfully callit and nocht comperit was in ane amerciament of the 
Court etc 

V. 

(21 July 1505) 

The saide day Alexander Skene of that Ilk lauchfullie summond 
warnit callit and nocht comperit to heir ane deforcement preuit one him 
wes in amerciament of the Court 

64 



Diet Books: Vol. I., Deforcements 

(Eo. die) 

The said day Thomas Bisset Mair of Fee and Thome Fowler 
deponit the gret aithc that the said Thomas distrenzeit and pundit ane 
quhit horss of Alexander Skennye of that Ilk for vi merks aving to Master 
Henry Lindsay and the saide Alexander tuk the saide horss agane fra 
the saide Thomas 

VI. 

(21 April 1506) 

Eodem die Andreas Quhitcorss amerciatur in defectu presencie 
quia legitime citatus fuit ad probandum deforciamentum factum super 
Johannem Bisset marum deputatum per Robertum Lumisdaill de Madlar 

Andreas Red amerciatur in defectu presencie ut supra 
Patricius Talzour amerciatur in defectu presencie ut supra 

The said day Johnne Mechall deponit be his aitht that Robert 
Lumisdaill tuk the horss fra Johnne Bisset ane of the kings maris eftir 
the said Johnne Bisset hed tane the said horss fra him 

Patry Elmsly deponis be his aitht that he was besicl quhene Johnne 
Bisset pundit Johnne Mechall and tuk ane foir horss fra him and he 
herd say that Robert Lumisdaill tuk the said horss fra Johnne Bisset 
witht the perall of law etc 

Andrew Stevinsoun Wester Foulis deponis be his aitht that he was 
besid quhene Johnne Bisset pundit Johnne Mechall and tuk fra him ane 
foir horss and he herd say Robert Lumisdaill tuk the said horss fra 
Johnne Bisset agane 

The said day the Sheff continewit the dome of the deforssing of the 
officiar be Robert Lumisdaill of Madlar to the xij day of May nixt 
to cum 

(12 May 1506) 

The said day James Robertsone in Wester Foulis deponit be his 
aitht that he herd say that Robert Lumisdaill tuk ane horss fra Johnne 
Bisset And als he herd say that Robert Lumisdaill strak the said 
Johnne 

Andrew Tawis deponit be his aitht he herd say Robert Lumisdaill 
tuk ane horss fra Johnne Bisset and herd say that the said Robert strak 
the said Johnne 

The said day the Sheff continewit the dome of Robert Lumisdaill 
for the deforsing of the officiar to the nixt Court to be haldin within the 
Tolbuth of Abirdene the sext day of Junij nixt to cum 

i 65 



Aberdeenshire Sheriff Court: 

(6 June 1506) 

Eodem die continuatur Judicium deforciamenti Johannis Bisset 
officiarii per Robertum Lumisdaill de Madlar facti usque ad curiam vice 
comitis tenendam apud Auchintoull xvj die Junij Instantis 1 

VII. 

(u July 1506) 

The said day Waltir Masone ane of the Maris deputs of Abirdene 
preuit sufficientlie witht William Bannerman Johnne Williamsoune 
Johnne Ray and Thomas Ray that Alexander Skene of that Ilk deforsit 
the said Waltir in the pundin of him for viii punds usuale money of 
Scotland of his unlawis of the Shreff Courts bigane and tuk fra him 
certane oxin and ky for the quhilks the said Alexander was in ane 
amerciament of the Court for as he aucht to tyne of law and all his 
mouable guds eschaet to the King and his persone to ward at the 
will of our soueran lord and that was gevin for dome be the moutht of 
Alexander Joffrasone dempstar of the said Court 

VIII. 

(17 June 1508) 

The said day it was sufficientlie preuit that Patry Dauisone in 
had deforsit Alexander Malvin Mair deput in the execucioun 
of his office For the quhilks he was in amerciament of the Court sic as 
he aucht to tyne of law and all his movabill gudis eschet to the King and 
his persone to be in ward at the King's will And that was gevin for 
dome be the moutht of Johnne Scrogy Dempstar of the said Court for 
the tyme 

IX. 

(3 October 1508) 

The said day Johne Broyss was summond to comper in the Shef 
Court to be haldin the last day of this instant monetht of October tile 
ansuer for the deforsing of the Kings Mar 

X. 

(17 February 1508-9) 

The said day Thomas Crag in Ellone deponit be aitht that he bistud 
hard and saw and for witnes was tane quhen Alexander Malvin mair 
deput passit and pundit Williame Hayrman in Thanstoun for tua merks 
of maile and vj pundis of unlawis quhilk mair distressit and pundit for 
the samyn and tuk ane gray hors and ane brovne hors pertening to the 
said William quhilk he tuk fra the said mair agane and deforsit 

I No farther trace of this case has been found. 
66 



Diet Books: Vol. I., Deforcements 

XI. 

(2 June 1509) 

The said day It was sufficientlie previt that Johnne Mortimer in 
Hardbalhinty had deforsit Thomas Walcar officiar tile Alexander 
Mortimer of Cragyuer in the poundit [sic] for the said Alexris Mortimers 
maile gangand befor the dait herof and had takin fra him thre hed of ky 
quhilks he tuk for the said male For the quhilks deforssment the said 
Johnne was in amerciament of the Court and tile amend as law will and 
to forber in tyme to cum and that was gevin for dome 

XII. 

(2 October 1509) 

The said day It vas sufficiently prewit that Dauid Cowts Johnne 
Duncansone ande Andrew Smyth seruitours ande familiars tile Alex- 
ander Cowts of Ouchtercoule haid deforsit Henry Malvine mair deput in 
the execucioun of his office in punding ande distressing for tene punds 
awing tile our souerane lord be the said Alexander Cowts for his 
infeftment of the half lands of Ouchterarne Ouhilk personis haid master- 
fullie takin fra the said mair xxii heid of nolt and deforsit him For the 
quhilks Ilk ane of thame vas in ane amerciament of the Court and thair 
gudis to be approprat to the Kings heines And thair personis to be in 
ward at the Kings wile And that was givin for dome be the mouth of 
Meldrum dempstar for the tyme And the said previs deponit 
that it vas schawin to thame that the said Alexander vas within his 
place in the tyme of the said deforsing 

XIII. 

(22 November 1509) 

The said [day] It was sufficiently preuit be the deposiciouns of 
Henry Malvin and Wilzeame Duncan suorne the gret bodely aitht that 
Wilzeame Gordone of Scheves had deforsit Alexander Malvin Mar deput 
in the execucioun of his office in puindin and distrenzeing of him for the 
sovme of xxxviij pundis xiij s and iiij d aucht tile our souerane lord as 
he that was ane of the souerteis for the composicioun and remissioun of 
Johnne Chene broder german to James Chene of Straloche Quhilk 
Wilzeame had masterfully takin fra the said Mar xx hed of nolt and 
turnit thame and tuk thame fra the said Alexander Malvin in the name 
of all and sundre the remanent of his gudes For the quhilks he was in 
amerciament of the Court and ale his guds approprit to the Kingis use 
and his persone in Ward at the Kings will And that was gevin for dome 
be the moutht of Wilzeam Meldrum Dempstar of the said Court for 
the tyme 

67 



Aberdeenshire Sheriff Court : 

Lawburrows 

When a person had, by reason of the threatening words or conduct 
of another, cause for dreading violence to himself, his family, servants or 
dependants, he was entitled to resort to the Court for protection. On his 
making oath that he was in fear of violence and that he had reasonable 
cause for his belief, the other party was made to find security that his 
accuser should be kept harmless at his hands, or in more modern phrase 
he was bound over to keep the peace towards the complainer. Although 
a very ancient form of process and almost obsolete in practice, the writer 
can recall an instance or instances of its being resorted to in this same 
Court in the latter half of the iQth Century. 

I. 

(31 October 1503) 

The said day Alexander Mortimer of Cragiuer come law borrowis 
that the Alderman Balzeis Counsale and Communitie of Abirden and 
thar tennents of the Tulloch sal be skaithles aleway of William Urry of 
Petfechy bot as the courss of commoun law will the said Williame oblist 
him to releive the said Alexander of the said souerty be his hand land 
and guds 

II. 

(Eo. die) 

The said day Johne of Keitht come law borrow for Johne Nory 
and Sande Wilsoun in the Weltoun that the Alderman Balzeis Counsale 
and Communitie of Abirdene and thar tennents sal be skaithles of thame 
alewais bot as the courss of commoun law wile under the panys contenyt 
in our souerane lords letters and to enter the thrid day of the ayr nixt of 
Aberdene under the panis contenit in the samyne 

III. 

(Eo. die) 

The said day Robert Dauysoun come souerty and law borowis for 
him and Andrew Dauysoun his soun that the toune of Aberdene and 
thar tennents sal be skaithles of thame etc bot as the courss of commoun 
law will and to enter the thrid day of the Justice ayr of Aberdene to 
underly the law as said is etc 

IV. 

(Eo. die) 

The said day Walter Philpe come souerty for himself be his hand 
lands and guds that the toune of Aberdene sal be skathles and thar 
tennents etc And to enter the thrid day of the ayr as said is etc 

68 



Diet Books: Vol. I., Lawburrows 

V. 

(Eo. die) 

The said day Alexander Skene of that Ilk come law borrowis for 
James Smythe and to enter him the thrid day of the Ayr as said is etc 

VI. 

(i June 1504) 

The said day Jhonne Pantone of Petmethane lauchfully callit ande 
nocht comperit thar to fynde law borrowis that the lady of Tochoun and 
hir seruands may be harmeless and skaithless of the saide Jhonne and his 
complices in tyme to cum 

(This entry apparently unfinished.) 

VII. 

(21 April 1506) 

Eodem die Dominus de Forbes deuenit plegius legalis per manus sue 
dextere ostensionem quod Thomas Alexandersoune erit indempnes pro 
Roberto Lummisdaill de Madlar aliter quam per viam juris sub pena 
centum librarum Et dictus Robertus obligauit se per manus bona et 
terras ad conservandum dictum Dominum de Forbes indempnem de 
dicta fideiussione 

VIII. 

(13 April 1507) 

The said day Sir Gilbert Hay of Ardendrauch Knicht fand Sir 
Alexander Keitht Knicht lawborrowis and souerte that Mastir Johnne 
Merscheall sal be harmless and skaithless of him and ale that he may lat 
alewais bot as the courss of comone law will 

IX. 

(15 April 1507) 

Eodem die Alexander Couts de Ouchtircoull inuenit Alexandrum 
Gordoune de Kennerty plegium legalem quod Johannes Ouchtirarne erit 
indempnes pro dicto Alexandro Couts aliter quam per viam juris Et 
dictus Alexander Couts obligauit se per manus sue dextere ostensionem 
quod dictus Alexander Gordone erit indempnes pro suo fideiussore (sic) 

X. 

(Eo. die) 

Eodem die Alexander Skene de eodem plegius legalis pro Johanne 
Skene quod Johannes Ouchtirarne erit indempnes pro dicto Johanne 
Skene aliter quam per viam juris Et dictus Johannes obligauit se quod 
dictus Alexander erit indempnes de suo fideiussore per manus sue 
dextere ostensionem 

69 



Aberdeenshire Sheriff Court: 

XI. 

(29 July 1507) 

The said day Johnne Chene come souerte and lawborrowis be his 
hand lands and guds for Henry Chene that Master Johnne Merscheall sal 
be harmles and skaithtles of him ale wayis bot as law will efter the tenour 
of our soueran lords letters direct tharupoun In (sic) this lawborrowis 
induring the will of the Shef 

XII. 

(Eo. die) 

The said day Henry Chene come souerte and lawborrowis be his 
hand lands and guds for Johnne Chene that Master Johnne Merscheall 
sal be harmles and skaithtles of him ale wais bot as law will efter the 
tenour of Our Soueran lords letters And this law borrowis induring the 
will of the Shef 

XIII. 

(5 October 1507) 

The said day Georg Meldrum of Fiwy come souerte and lawborrowis 
for Johne Robertsone be his hand lands and guds that Waltir Cumin sal 
be harmeles and skaithtles of him ale wais bot as law will and the said 
Johnne oblist him to fretht the said Georg of the said borrowgang and 
keip him skaithtles thairof 

XIV. 

(Eo. die) 

The said day Williame Berclay come souerte and lawborrowis for 
Waltir Cumin that Johne Robertsone sal be harmeles and skaithtles of 
him ale wais bot as law will in maner and forme as said is as is before 
exprymit 

XV. 

(27 February 1507-8) 

Penultimo die Mensis Februarii anno millesimo quingentesimo 
septimo Thomas Leitht deuenit plegius legalis per manus dextere 
ostensionem quod Willelmus Makysone Molendinarius apud Justice Mills 
erit indempnis pro Willelmo Rawok aliter quam per viam juris et dictus 
Willelmus deuenit plegius legalis per manus sue ostensionem quod dictus 
Willelmus Makysone erit indempnis pro Dauid Eduard et Alexandro 
Duncan aliter quam per viam juris coram hiis testibus Andrea Cullane 
Alexandro Gray Magistro Dauid Nicholsone Willelmo Watson et 
domino Dauid Leys 

70 



Diet Books: Vol. I., Lawburrows 

XVI. 

(23 May 1508) 

Alexander Coutis de Ouchtircoull citatus non comperuit ideo amerci- 
atur in defectu presencie ad inueniendum plegium legalem quod vicarius 
de Coule erit indempnes pro eo aliter quam per viam juris 

XVII. 

(Eo. die) 

Thomas Cowtis in Kincragy amerciatur in defectu presencie citatus 
ut supra ad inueniendum plegium legalem quod ipse vicarius de Coull 
erit indempnes pro eo aliter quam per viam juris 

XVIII. 

(17 June 1508) 

Eodem die Alexander Cowtis de Ouchtercoull inuenit Alexandrum 
Irwyne de Drum militem plegius legalis (sic} quod Dominus Thomas 
Harrowar Vicarius de Coull erit indempnes pro eo aliter quam per viam 
juris sub pena centum librarum Et dictus Alexander Cowtis obligauit 
se per manus sue dextre ostensionem ad conseruandum dictum militem 
indempnem de fideiussione 

XIX. 

(5 July 1508) 

The said day Thomas Leslie come laweborrowis be his hand uphaldin 
that Alexander Malvin Williame Michell Arthour Forbes and thar 
seruands salbe unskaithtit of Johnne Broyss uthir wais thane the courss 
of commone law Ande Thomas Strachin sone ande appering ayr tile 
Alexander Strachachin of Lathinturk come lawborrouys be his hand 
uphaldin that the said Johnne Broyss salbe unskaithtit of the said 
Alexander Williame Arthour and thar seruands uthir wais thane the 
courss of commone law And ilk ane of the said pairtiis sale fre thar 
borrowis 

XX 

(9 January 1508-9) 

Eodem die Alexander Meldrum deuenit plegius legalis quod Joneta 
Thomson erit indempnes pro Johanne Robertsone aliter quam per viam 
Juris 

XXI. 

(17 February 1508-9) 

The said day James Gareauche of Kinstar come souerte to the Shreff 
be his hand uphaldin for Wilzeame Blakhall of that Ilk that Robert 
Tulymorgone alias Cruikschank his partie seruands barins and familiars 
salbe harmles and skaithles of the said William al wais bot as the courss 
of common law requires 



Aberdeenshire Sheriff Court : 

XXII. 

(2 June 1509) 

Eodem die Alexander Forbes filius et heres apparens domini de 
Auchintoule inuenit Patricium Steuart de Lathers plegium legalem per 
manus sue dextere ostensionem quod Dauid Mastone erit indempnes pro 
eo aliter quam per viam juris Et dictus Alexander obligatur ad 
conseruandum dictum suum plegium indempnem de fideiussione 

XXIII. 

(2 October 1509) 

The said day Alexander Malvine Mair deput at the command ande 
charge of the Shref summound George Gordoun in Auchneif and 
Alexander Forbes in Echtse be his wand of office to compeir befor the 
Shref of Abirdene or his deputis ane or may in the Shref Cowrt of 
Abirdene to be haldin within the Tolbuth of the burgh of Abirdene one 
Setterday the xxvij day of October instant in the hour of causs Thair 
to heir and se thame be adiugit and decernit in the sovme of i c merks as 
thai that com sourte and lawe borrowis for Dauid Lyoun that Ranald 
Oudny his men kyne frends familiars and seruitours sulde be harmles and 
skaithles of him and ale that he micht lat uthir wais than be courss of 
common law undir the pane of l c merks as ane autentik act maid obefor 
proports And to heir and se the saide brekin of lawborrowis provin 
one Huchon Andirsone seruand to the said Ranald quhilk vas hurt be 
the said Dauid And als the Shref ordanit precepts to be direct to 
summound the said Dauid Lyoun for the said blud drawing and breking 
of lawborrowis And the said Huchon to follow the said bluddrawing 
and hurting of him 

XXIV. 

(29 November 1510) 

The said day Johnne Forbes of Echt come law souerte be his hand 
landis and gudis that Androu Smythe now duelland in Aid Abirdene 
suld be harmeles and skathles of Alexander Cowtis of Ouchtercoule and 
al that he may let al wais bot as the courss of commone lawe And 
the said Alexander oblist him be his hand landis and gudis to freitht his 
said pleg of the said borrowgang 

XXV. 

(7 January 1510-11) 

Eodem die Alexander Gordone de Kennerty deuenit plegius legalis 
quod Thomas Chapman erit indempnes pro Georgio Gordone de Abir- 
zeldy aliter quam per viam juris sub pena quadraginta librarum Et 
dictus Georgius Gordone deuenit plegius legalis quod dictus Thomas 
Chapman erit indempnes pro Jacobo Gordone 
et Roberto Dodis aliter quam per viam juris sub pena xl librarum 

72 



Diet Books: Vol. I., Violent Occupation 

XXVI. 

(29 April 1511) 

Eodem die Alexander Iruyn de Drum miles deuenit plegius legalis 
quod Willmus Watsone erit indempnes pro Henrico Setoun aliter quam 
per viam juris Et Patricius Gordone de Johnesleis deuenit plegius 
legalis quod dictus Willmus erit indempnes pro Roberto Setoune aliter 
quam per viam juris 

XXVII. 

(19 May 1511) 

Eodem die Ranaldus Oudny de Eodem deuenit plegius legalis quod 
Patricius Diky erit indempnes pro Henrico Forbes de Kynnellar aliter 
quam per viam juris sub pena centum librarum Et idem Henricus 
Forbes deuenit plegius legalis quod prefatus Patricius erit indempnes 
pro Willmo Forbes fratre suo aliter quam per viam juris sub pena 
centum mercarum 

Violent Occupation of Land and Violent Profits 

The occupying of land without a lawful title or the remaining in 
occupation after the expiration of the time for which a title was held, or 
after the occupant had been lawfully warned to remove, was called violent 
occupation. The violent profits, or violence, as it was frequently termed, 
was the amount of damage which the owner had suffered in consequence 
of his having been deprived of the possession and use of his land. The 
mode of estimating this loss will appear from one or more of the examples 
given. 

(3 October 1503) 
(John Gordon of Lungar v. Robert Calder of Asswanley and 

William Taylor) 

The said day the assiss befor writin deliuerit and ordanit be the 
moutht of William Frasser of Phillortht Knt the forspekar of the said 
assiss that the lard of Auchsuanly Myldune and William Talzour did 
wrang in the lauboring and manuring of the lands contenit in the precept 
rasit be Johne Gordon of Lungar and alsua decretit that the said lard of 
A'uchsuanly and personis sale content and pay to the said Johne of 
Gordone the somes contenit in the depositiones And becaus it was nocht 
sufficientlie preuit how mony yers in speciale the forsaid lard of Auch- 
suanly Milduny and William Talzour lauborit and intromettit with the 
said ground tharfor the assiss ordanit the said Johne of Gordon to 
summond witnes gif he pless to preuive be quhat space the said personis 
withheld the said lands fra him 

K 73 



Aberdeenshire Sheriff Court : 

(Then follow the depositions) 

The said day Donald Warlaw deponit be his aithe that the thrid of 
the tua plevis of the Ester Park and Meiklehauche wald saw in the yer tua 
chalder of ats vi b & D 1 estimat the grovin to the thrid querne (corn) 
Item thai wald saw fiwe b & D of beir estimat to the ferd querne grovin 
price b ats with the fodder iij s iiij d price of the boll beir with the fodder 
vj s viij d Item the said thrid of the tua places wile beir xl nolt price of 
the pece grissin xij d iiij xx Scheip price of the grissin tharof xiij s iiij d 
viij horss price pece ij s 

Robert Schevane concords with the said depositione of Donald 
Warlaw 

William Crukschank affirms the samyn 

Johe Crukschank affirms the samyn 

Dauy Clerk affirms the samyn 

(4 October 1503) 

(Depositions continued) 

Donald Warlaw deponit be his aithe that the thride of the Unner- 
tone of Auchsuanly with the thrid of Carnargat was als gud in al profits 
and in siklik price yerlie be the space of thre yers as the thrid of tua 
plevis and the Meklehauche and alsua deponit that Robert Caldour held 
courts and tuk unlawis of Mylduny and William Talzour inhabitats the 
said thrid and tuk carages and uther deviteis of thame 

Robert Schewane affirms the said Donalds depositioun 

William Crukschank affirms the samyn 

Johne Crukschank affirms the samyn 

Findelaw Makmolikyn affirms the samyn 

Dauid Clerk affirms the samyn 

Patry Ballaw affirms the samyn 

William Malcumsoun affirms the samyn 

The said Patry William and Findelaw deponit be thar aiths that the 
said Robert Caldour tuk fra the said Milduny and William Talzour thar 
arrages and carages and ale uther deuyteis pertening to the said thride 
and usit thame as his avin tennents 

The saids Donald Warlaw Robert Schewane and Patry Ballauche 
deponit be thar aiths that thai wer befor quhen the compromiss was maid 
betuix the said Johne Gordon and Robert Caldour of Auchsuanly and 
remembers on the panys contenit in it that is to say xl lib to the King xl 
lib to the Bischop of Murray and xl lib to the said Johne Gordon for costs 
and expenss 

Dns Da d Leis clericus 
deputatus ad receptionem dictorum testium 

Findelaw Makmuligune affirms that ilk place will gif the thrid 
querne of ats and the ferd querne of beir he grants to have assidacioun 

I This letter stands for dimidium, meaning here half-a-boll. 
74 



Diet Books: Vol. I., Violent Occupation 

of Johne Gordon the price of the boll ats xx d the price of the boll beir 
v s the pastour of the pece of nolt vi d and he hed tak of Johne of Gordon 

Donald Warlaw affirmit the price of the boll ats xl d and the boll 
beir vi s viij d and that in ilke place thar vvil be savin tua chalder v b & 
j f the pastour of the best summer and winter xij d the grissin of the 
pece of the horss ij s the price of the pece of scheip vi d 

Robt Schewan affirmit the deposicioun of Donald Warlaw 

Will Crukschank affirmit the samyn 

Joh Crukschank affirmit the samyn 

Dauy Clerk affirmit the samyn 

Patry Ballaucht concordat in ale pents and he grants to have tak of 
Johne of Gordon And to the bigin price thai culd nocht estimat that 
unto the tyme thai se it and priss it 

Joh Herdman Notarius publicus et clericus 
deputatus ad hoc 

(31 October 1503) 

The said day Robert Caldour of Auchsuanly lauchfully callit warnit 
and nocht comperit to her witnes suorne betuix him and Johne of 
Gordoun of Lungar Muldevny and Williame Talzour to depone eftir the 
tenor of the precepts directit tharupoun for the quhilk he was in amercia- 
ment of the Court 

(9 January 1503-4) 

The said day the said assiss suorne to the prising of Patk Gordonis 
lands deliuers that the lard of Auchsuanly Muldovny and Willeame 
Tailzeour did wrang in the lawboring and manuring of the landis contenit 
in the precept Ande als decrets that the said lard and the said personis 
sale content and pay to Johnne of Gordone the somes that is contenit in 
the deposicionis And becaus it was nocht sufficiently previt how mony 
yers in speciale the said lard and personis forsaid lauborit and intromettit 
wyth the said ground tharfor the assiss ordanis the said Johnne to 
summonde witnes gif he pless to preif be quhat space the saids personis 
withheld the said lands fra hyme 

II. 

(21 April 1506) 

The said day the Shref assignit the Shreff Court to be haldin withtin 
the tolbutht of Abirdene one Tuisday the xii day of May nixt to cum 
in the hour of causs tile Elene Couts the relict of Umquhill Johnne Reid 
in Westoun to call her warand quhilk scho allegiit to warand to hir the 
said assedacioun and tak of the tua partis of Wastoun in Cromar as day 
of peremptour And ordanis hir to raiss ane precept and summond hir 
said warand to the said day And failzeing that the said Elene brings 
nocht hir said warand that scho sale ansueir to Johnne Crichtounis 

75 



Aberdeenshire Sheriff Court : 

precept and poynts contenit in it as day of peremptour And sale refund 
and pay ale costis and expenss that the said Johnne happinis to sustene 
in defalt of the nonentress of him in his tak and making of the said toune 
of Westoun 

(12 May 1506) 
ASSISA 

The said day George Meldrum of Petkerry Thomas Frasar of 
Stanewod Alexander Skene of that Ilk Androue Tulideff of that Ilk 
Williame Turing of Fouern Johnne Forbes of Echt Williame Craufurd 
of Federay Johnne Gardin of Durlathers Alexander Mortimer of 
Cragiuer Johnne Ross of Auchlossin Robert Lummisden of Madlar 
George Lesly of that Ilk Alexander Johnnestoun of that Ilk Robert 
Burnat of Balmad Williame King of Bourty Ranald Oudny sone and 
appearand ayr to Williame Oudny of that Ilk Williame Blakhall of 
Barrauch of Bourty and Johnne Dunbrek of that Ilk J chosin and suorne 
in ane Assiss and Inquest Deliuerit fand and furthgeff that Aly Couts 
dois wrangin the occupeing and inhabiting of the bigings in the Westoun 
of Cromar of the quhilks Sir Johnne Forman Knicht tuk stait and 
possessioun 

(Eo. die) 

The said day the Assiss deliuerit fand and furthtgef that Williame 
of Gordoun sone to umquhile Sir Alexander Gordone of Mydmar Knicht 
sale warand and defend to Aly Couts the relict of umquhile Johnne Reid 
the Wast half of the Westoun of Cromar and the bigings pertenyng 
tharto witht the pertinence eftir the tenour and forme of his assedacioun 
and band maid tharapoun to the saides Aly and hir said Spouse as 
assignay to his fadir 

(Eo. die) 

The said day Williame Gordone sone to Sir Alexander Gordone of 
Mydmar Knicht warnit Elene Couts and Ego Makcanze hir Spouss to 
devid (sic) and reid the tak of the Westhalf of Westirtoune of Cromar 
quhilks scho has now in assedacioun agane this Witsonday terme becaus 
the said Williame allegiit scho hed forfaltit his taks for certane resonis 
and causs quhilks the said Williame has to schaw and propone agains 
the said Elene 

(6 October 1506) 

The said day the Shreff assignit in the nixt Shreff Court to be haldin 
vvithtin the tolbutht of the burgh of Abirdene the xxvij day of October 
instant to Elene Couts to preiw that Williame Gordone bailze tile our 

I It will be noticed that the Jury here numbered 18. 
7 6 



Diet Books : Vol. 1., Violent Occupation 

Soueran Lordis lands of Cromar levit 1 Ego Makcanzeoch to mary with 
the said Elene scho bruikand hir tak as scho did obefor 

(27 October 1506) 

The said day the Shef continewit the actioun debatable and 
dependand in the law betuix Elene Couts and Williame Gordoun to the 
lave day eftir Yuill and summond baitht the said partiis to compeir the 
said day for ministracioun of Justice equaly to be done to thame 

(No other entry found.) 
III. 

(28 June 1507) 

The said day George Hay follouit and persewit Alexander Pantone 
for the wranguiss occupacioun and manuring of his tak of the half lands 
of Tulymade sene the terme of Witsonday immediate gangand befor 
the date of this Court quhilks the said Alexander denyit allegeand he 
had ane yers tak of the saide half lands yet to ryne fra the said terme 
Ande thareftir witht consent and assent of baitht the saide partiis the 
said actioun was put to the decisioun of thir personis chosin and suorne 
in ane assiss that is to say Alexander Skene of that Ilk Alexander 
Cumyn of Cultir Alexander Annande of Ouchterellonne Henry Forbes 
of Kynnellour Johne Dalgarno of Dalgarnoy Fintray Johne Forbes of 
Tuligovny Johne Dunbrek of that Ilk Alexander Tullauche of Moncoffir 
Robert Burnat of Balmad Williame Blakhale of the Barroche of Bourty 
and Alexander Leslie Quhilks riplie auisit the witnes preuis allegations 
and writ of batht the said partiis herde seyne and understandin 
deliuerit and fand the said Alexander Pantonis assadatioun ande tak of 
the said half lands of Tulymade complet and runnyn at the fest of 
Witsonday last ande immediate bigane And that the said Alexander 
has falzeit in his preiwe of the said tak as day assignit to him ande aw to 
devoyd and red the said tak to the said George 

IV. 

(29 October 1 507) 

The said day Johnne Cuk follouit Umfray Donaldsone and Johne 
Symmer for the wranguiss and mastirfull occupatioun and laboring of his 
tak of thre oxin gang of the landis of Weltone 2 and of the profit of the 
samyne eftir the tenour of his precept producit in the court the said 
Umfray with Master Johnne Lindesay his forspekar allegiit to Johnne 
Keitht to warrand the said tak and requirit the said Johnne present in 
the court to warrand the said tak quhilks allegiit his awidents and rychts 

I Allowed or permitted. 
2 A farm on Stoneywood, in Newhills. 

77 



Aberdeenshire Sheriff Court: 

was nocht present and askit ane lauchfull day to bring the samyne and 
assignit to the said Umfra Johnne Symmer and Johnne Keitht thar 
warrand to compeir befor the Shef of Abirdene or his deputs ane or may 
in the Shef Court of Abirdene to be haldin within the tolbutht of the 
samyne one Monnonday the penult day of Nouember Instant and to 
bring with thame siclik richts and euidents as thai haue and will use in 
the premiss 5 and summond and warnit baitht the partys and warrand to 
compeir the said day with intimation quhether thai compeir or nocht he 
wald proced and minister justice in sa far as may be of lawe etc 

(29 November 1 507) 

The said day the actioun debatabile betuix Johnne [Cuk] one that 
ane part Umfray Donaldsone Johnne Symmer one that uthir part And 
Johne Keitht thar warand anent the tak of thre oxin gang of the landis 
of Weltoun and the proffits of the samyne etc. is continewit to the law 
day nixt eftir the fest of the Natiuite of our Lord with consent of party 
in siclik strentht force and effect as it dois now under houp of concord 1 

V. 

(3 October 1508) 

The said day the saide assiss fande ande deliuerit that Johnne 
Forbes of Petslego had done wrang in the occupacioun laboring and 
manuring of the thrid part of the lands of the Manys of Petslego with 
the pertinence foulouit ande perse wit be Thomas Hay procuratour for 
ane nobile ande michtie Lord Williame Erie of Errole Lord Hay etc of 
this yeir inmediat bigane and ordanit him to decist and cess fray the 
occupacioun laboring ande manuring of the samyn in tyme to cum ande 
rede ande devoid the said thrid part of the lands incontinent to the saide 
Lorde that it may be peciablie josit ande breukit be the said Lorde his 
assignas or subtennents in tyme to cum for ale the dais of Isabele Wemis 
lyve tyme Lady of the terce of the said lands eftir the tenour of the gift 
and assignatioun maid be hir to the said Lord tharapone 

Depositiones testium 

Johne Quhet in Abirdour deponit be his aitht that Johne Forbes of 
Petslego has occupeit the thrid part of the lands of Petslego pertening to 
Isabele Wemis be resoun of terce be the space of ane yeir with the mair 
ande the said thrid parts of lands is xl bollis of ats savin and x bollis of 
beir savin in the yeir tua bollis of quhet i boll of pess savin estimat to 
the thrid querne the pastoring of the said terce extends to xx hed of 
oxin ande ky the pastour of fyve scoir of scheip the pastour of tua horss 
the pastoring of ilk ane scheip a penny ilk ane best and horss iiij d 

I This hope was apparently realized for there is no appearance of the case after Christmas. 

7 8 



Diet Books: Vol. I., Violent Occupation 

Williame Frasser deponit be his aitht concords with the said Johnne 
Quhets Deposicioun ilk scheip ane penny ilk best iiij d ilk ane horss xij d 

Dauid Forbes deponit be his aitht that Johne Forbes of Petslego has 
occupeit and breukit the said thrid part of the lands of Petslego four 
yeirs bigane And the said thrid part is xl bollis of ats savin in the yeir 
x bollis of beir savin in the yeir tua bollis of quhet in the haile toune as 
for the pess he knawis nocht And it is pastour to ane hundreth scheip 
and pastour to xx hed of oxin and ky 

VI. 

(3 October 1508) 

The said day the assiss befor writin fande and deliuerit that Johnne 
Quhit Johnne Barrok Lowe Stevin Johnne Touchis and Williame Touchis 
has done wrang in the occupacioun laboring and manuring of the lands 
of Auchmaledy sene the fest of Witsonday in the yeir of God j m v c 
ande sevin yhers ande aucht to decist ande cess fra ale occupacioun of 
the samyne and aucht to rede ande devuid the said tak to Alexr 
Wentoun of Andait furthtwitht but delay ande deliuerit the said tak to 
the said Alexr for ale the termes of fyve yers eftir the tenour of ane 
assedacioun producit befor the saide Assiss 

VII. 

(9 January 1 508-9) 

The said day Mastir Johnne Merscheale and Dauid Murray pro- 
curatour for Andrew Murray folovit ande persewit Williame Rauok in 
Ruthiristoun for the masterfull and wranguiss occupacioun of the 
schedowe half Landis of Ruthiristoun Ande the fisching of the samyne 
etc. As is in ane precept direct tharapoun mar fullelie is (sic} contenit Ande 
the said Williame allegit Mastir Gilbert Leitht his warand Ande askit 
the Shef ane lauchfull day to be askit to him to bring his said warand to 
defend him in the premiss 5 And the Shreff with the adviss of the Court 
with consent and assent of baitht the said partiis assignit the lawe day 
eftir Pasche nixt hereftir foloving to the said William to bring his said 
warand ande sic richts resonis as he has ande wile uyse anent the said tak 
ande for tile ansuer to taxt male set be the said Andrew ande for costs 
skaithts et expenss maid and sustenit be the said Andrew and his 
procuratour Ande forthir in ale things that he has to say tile him in the 
premiss 8 peremptourlie To the quhilks the said Williame oblist him be his 
hand uphaldin but fraud or gill 

(17 April 1509) 

The said day Dauid Murray procuratour for his fadir and Wilzeame 
Rauok for himself chesit Johnne Lesly of Warders and Master Alex- 
ander Lausone for the said Andrew Murray and Gilbert Mengzeis and 

79 



Aberdeenshire Sheriff Court : 

Johnne of Mar for the said Wilzeame Rawok to convene and gathir 
within the tolbutht of Aberdene betuix this and Witsonday to commond 
anent the occupacioun of the landis and fischeing of Ruthrystoun And 
gif thai can nocht aggre the said partyis ilk ane to have thar priuileg of 
law agains uthers 

VIII. 

(2 June 1509) 

The said day the Shreff ordanit precepts to be direct to summond 
certane famous personis to be chosin be him with consent and assent of 
Georg Gordone of Mydmar and Beatrix Hay his modir to be suorne to 
devyd and part the landis of the sonny and schaddow sidis of Mydmar 
debatable betuix Thomas Patirsone and Robert Doddis quhilks personis 
sal be of the four quarters about the said landis of Mydmar 1 

(2 October 1509) 

The said day it vas deliuerit be the said Assiss that Robert Doddis 
in Mydmar haid done vrang in the occupacioun manuring ande laboring 
of ane part of the landis of the sonny thrid of Mydmar pertenand to 
Thomas Patersone in assedacioun extending to four bollis ats sawing to 
gud estimacioun And for the spolacioun masterfule away taking ande 
withhalding of the ats with the foddir that grew apone the saids landis 
of this instant crop inmediat bygane For the quhilks the said Robert 
vas in ane amerciament of the cowrt And aw to restoir the said corne to 
the said Thomas And desist from the occupacioun of the said land in 
tyme to cum And that vas gevin for dome be the mouth of Wilzeame 
Meldrum dempstar of the said cowrt for the tyme 

Apprisings 

When a creditor failed to obtain payment of his debt, he was bound 
to exhaust the debtor's moveable estate before he could take proceedings 
to affect his landed estate. At a later period this was effected by the 
process of Adjudication, but in the i6th century the method was still by 
way of Apprising. A description of this process will be found in Erskine's 
Institutes, under the head of " Apprisings." The statutes bearing on the 
subject were Alex. II. c. 24; 2 Rob. I. c. 24 ; and James II. (1469, c. 36). 
One or two of the examples following present fairly complete pictures of 
the method of procedure in the county of Aberdeen in the early part of 
the i6th century. 

I Obviously meaning that the Jury to be convened were to be persons conversant with the 
facts and not one-sided. 

80 



Diet Books: Vol. I., Apprisings 

(3 October 1 503) 

The Prising of Tua marks wortht of the Lands of Muircroft 
The said day the Assiss befor writin at command & charg of the 
Shreff Deput be wertew of our Souerane lords letters in defalt of mouabile 
guds prisit tua marks wortht of the lands of Muircroft witht the per- 
tinence pertenyng tile Thomas Sanquhar of Muircroft in heritag to the 
pament of xxix marks aucht to my Lord Abirdene 1 for his secund 
teynde of the said lands 

(9 January 1503-4) 
The Prising of Patk Gordonis Lands 

The said day Williame Fraser of Phillortht Knyt George Meldrum 
feodar of Fyvy James Chene of Straloche Johne Gordone of Lunger 
Robert Gordone of Uthaw Johnne Gardyne of Lathers Alexander 
Johnstone of that ilk Robert Dogud of Auchnahuff Henry Forbes of 
Kynnellour Johnne Movvat of Lostcragy Williame Craufurd of Federay 
Johnne Ross of Auchlossin Andrew Buchan of Auchmacoy Alexander 
Skene of that ilk and Willeame Blakhale of that ilk suorne in ane assiss 
at command and charg of the said Shreff deput be vertew of our souerane 
lordis letters under the Signet and of deliuerance of the lordis of Coun- 
saile direct to him tharapone prisit the landis of Auld Johnsleis pertenyng 
to Patk Gordone in heritag to tene punds lands in defalt of his movible 
gudes To the pament of ane part of the somes of money optenyt one him 
be' the saids letters be Duncane Forbes in Skene and Christiane Messer 
his spous 

(Eo. die) 

The Prising of Alex Chameris Lands 

The said day the said assiss at commande ande charg of the said 
Shreff deput be the vertew of the extret of our Souerane lords Justice 
Ayr last haldin in Abirdene prisit tene punds wortht land of the Quyltis 
in Cromar pertenyng tile Alexander Chamer of Quylts in heritage for 
j c lib contenit in the said extret auing tile our Souerane lorde 

(11 January 1503-4) 

The Prising of the Lard Tulideffis Lands 

The said day Johnne Movat of Lostcragy Willeame Turing of 
Foverne Johnne Ross of Auchlossin Robert Dogud of Auchnahuf Henry 
Forbes of Kynnellour Patrik Red of Collistone Alexander Caldour of 
Sonnaherd Wilmus Craufurd de Federay Andreas Buchane de Auchma- 
coy Thomas Craufurd filius et heres apparens dicti domini de Federay 
Thomas Burnat de Cask Ingrames Gardin de Blakfurd and Johnne 

I The Bishop, at this time, William Elphinstone. 
L 8l 



Aberdeenshire Sheriff Court : 

Dunbrek of that like suorne in ane assiss at command and charg of the 
Shreff deput be wertew of our Souerane lordis letters under the Signet and 
deliuerance of the lords of Counsele direct to the said Shreff deput prisit 
thir lands eftir folloving pertenyng tile Androw Tulydeff of that ilk to the 
frething and releving of Alexander Chamer of Quyltis of the Sowme of 
Ane hundretht pundis contenit in the extret of oure Souerane lordis last 
Justice Ayr of Aberdene in defalt of his movable guds That is to say 
four marks and xxxij d wortht of the lands of Litle Wprthile the tua 
part of the landis of Litile Worthile witht thar pertinence Tua marks 
wortht of his lands of Rothemais witht the pertinence Item tua marks 
wortht of his lands of the thrid part of Lethintushe witht thar pertinence 
four marks wortht of his lands of Mosfeld witht the pertinence And tene 
shillings aucht pennys wortht of his lands and Manys of Orchartone 

(14 May 1504) 

The Prising of my Lord of Huntlies Lands 

The saide day the Assiss forwritin at commande of the Shef be 
verteue of our Souerane Lords letters In defalt of movabile guds prisit 
sex marks wortht of the lands of the Smithtetoune of Notht of the 
Schaudow half of the samyne pertening tile ane Richt nobile and michty 
lorde Alexr Erie of Huntlie Lord Gordone and Badenagh Hand in his 
Barony of Huntlie within the said Shefdome of the tua parts of the saide 
lands for the pament of fyfty lib aving tile ane Nobile and Michty lady 
Elizabeth Covntass of Huntlie his modir Ande be oppin proclamacioun 
offrit the said lands to the saide lorde or ony utheris that walde by thame 
and becauss nay personis walde by thame nor yet the saide lorde walde 
nocht redeme thame the Shef deput [word illegible] thame to the said 
lady for pament of the said some eftir the Acts of Parliament 

(i October 1504) 

Prising of the Lard of Stanywods Lands 

The saide day the saide Assiss befor writin at command of the Shreff 
prisit thir landes under writin pertenyng to Androw Eraser of Stanywod 
That is to say the landes of the Manes of Mukhole for twenty merks the 
lands of Auchchat for xij merks the landes of Nethir Corsky x marks 
the landes of Watertoun and the Myln xij merks and the tua parts of 
the Manys of Kynmondy xxj merks in the yeir to be apprisit tile our 
Soueran lord in defalt of pament of the some of fiw hundretht punds 
aucht tile his hienes for composicioun and new infeftment of the lands of 
Stanywod and Mukhole witht thar pertinence 

(15 July 1505) 

Prysing of James Harmannis Lands 

The said day George Leitht of Barnis Johnne Movat of Lostcragy 

82 



Diet Books: Vol. I., Apprisings 

Alexander Caldour of Sonnahard Alexander Gordone of Kennerty 
Alexander Cumyn of Cultir Henry Forbes of Kynnellour Alexander 
Tullauch of Moncoffer Johnne Ross of Auchlossin Johnne Dawgarno of 
Dawgarno Fintray Robert Burnat of Balmad Alexander Coupland of 
Uthaucht Alexander Crag sone and appering ayr to Alexander Crag of 
Cragi-Fintray at command and charg of the said Shref deput be the gret 
aitht suorne prisit the auchtane parts of the lands of Thanstoun pertenyng 
to umquhile James Harman for four punds for tua amerciaments and 
unlais in the extrets of the tua last Justice Ayrs of Abirdene awing tile 
our soueran lord Quhilks lands extends to tua marks in the yeir payand 
yerlie out of the samyne to Williame Chamer of Balnacrag ane annuell 
rent of twenty fiw schillings haldin of (? by) the said James and his ayrs 
and confirmit be the King Quhilks lands is now in our Soueran lords 
hands for non entress of the rychtuiss ayr And now to remane witht 
his hienes or his assignais quhile the said some be pait eftir the tenour 
and forme of the Act of the Parliament 

(13 January 1505-6) 
The Prising of the Lard of Andaits Lands to 

Malcum Drummond of Megour 

The said day the Assiss before writin at command of the Shreff eftir 
the tenour of Our Souerane lordis letters direct tharapone in defalt of 
movabile gudis apprisit v marks wortht of the landis of Andait 
pertening tile Alexander Wentone of Andait for the sovme of J c marks 
awing to Malcum Drummond of Megour qlks landis ar haldin of oure 
Souerane lord in Ward and Releif 

(5 October 1507) 

The Prising of the lard of Ardendrauchts landis 
The said day the Assiss befor writin at command of the Shef be 
wertew of our Soueran lords letters prisit the ferd part of the lands of 
Auchinschogill occupeit be Thomas Auchlek pertenyng to Sir Gilbert 
Hay of Ardendraucht Knicht in heritag extending to fiwe punds wortht 
of land for ane hundretht punds awing to Williame Hay of Ury for the 
marriag of his sone 

(21 October 1507) 

The said day the Sheff sett ane Court to be haldin at Wardrs one 
Wednisday sanct mertimes Evin the x day of November nixt to cum 
and summond the procuratours of Johnne Lesly of Wardrs that is to say 
Thomas Lesly one that ane part and Androu Arbuthnot procuratour tile 
Patry Berclay of Grantuly one that uthir part to compeir at the said 
Court to heir and see the said Johne Leslys guds prisit failzeing of his 

83 



Aberdeenshire Sheriff Court : 

guds to priss his landis for the some of xvj xx xviij marks usuale money 
of Scotland awing to the said Patry Berclay eftir the tenour of our 
Souerane lordis letters direct tharapone and the Shef ordanit Thomas 
Bisset Mair of Fee to cerss and seik the said Johnne Leslyis guds and 
bring to the said Court to be prisit for the said some undir the pane of 
ale the said Thomas gudis witht intimacioun quhethcr the said partiis 
compeir or nocht the Shef will proced and minister justice and failzeing 
of guds mouable to priss lands of the said Johnne Leslyis for the said 
some eftir the tenour of our Souerane lords letters 

(17 June 1508) 

The Apprising of xij marks wortht vj sh viij d of Auchinschogill 
pertening to Gilbert Hay of Ardendraucht Knicht 

4SSJSA. 

Alexander Iruyn of Drum Knyt Williame Turing of Foverne 
Thomas Fraser of Stanyvod Alexander Cuming of Cultir Andrew 
Tulideff of that ilk Henry Forbes of Kynnellour Williame Buchan of 
Auchnacoy (sic*) Alexander Wyntone of Andait Johnne Ross of Auch- 
lossin Johnne Dunbrek of that ilk Williame Blakhall of the Barroche of 
Bourty and Williame King of Bourty the gret aitht suorne apprisit tuelf 
marks wortht sex schillings and aucht penneis of the landis of Auchin- 
schogill pertenyng to Sir Gilbert Hay Knicht Tharof the ferd part of the 
said landis quhilk Thomas Auchlek occupiit for fyve pundis wortht of land 
And fyve marks wortht of the sonny sid of the said landis Hand narrest 
the said ferd part of landis for the sovme of xij xx marks and tene marks 
usuall money of Scotland aucht till Williame Hay of Ury eftir the tenour 
of our Souerane lordis letters direct tharapone the terce of the haile saide 
lands excepit and reseruit to Margaret Leslie the relict of umquhile 
Williame Hay of Ardendraucht for hir tyme 

(Eo. die) 

The Prising of the Landis of Ouchterarne 

The said day the assiss fornameyt apprisit the half landis of 
Ouchterarne witht thar pertinence pertening till Alexander Cowtis of 
Ouchtercoull and Elizibeth Ucherarn his spouse till our Souerane lord 
for the sovme of xvj lib xviij s iiij d aving till his hienes to remane 
tharwitht unto the tyme the said some be pait witht all fredomes and 
proffits pertenyng tharto 

(9 January 1 508-9) 

The said day Alexander Cowtis of Ouchtercoull grantit that he had 
takin up the mailis of the half landis of Ouchterarne pertening to him 
and Elizibetht Uchterarn his spous fra the tennents of the samyne 

84 



Diet Books: Vol. I., Appristngs 

(Eo. die) 

The said day the Assiss befor writin fande and deliuerit that Alex- 
ander Bannerman Shreff deput 1 of Abirdene aucht tile haue ressaue ande 
uptak the malys and proffits of the half lands of Ouchterarne pertcning 
tile Alexander Cowtis and his spouss in oure Souerane lords name sene 
the xvij day of the monetht of June immediat precedand and the date of 
this Court quhilk day the saide lands was prisit tile oure Souerane Lords 
hienes in defalt of pament of sextene pund xviij s ande iiij d 

(31 October 1508) 

The Prising of the Lard of Andats lands 

The said day the Assiss befor writin at commande of our Soueran 
Lords letters apprisit thir lands eftir writin that is to say four marks 
wortht of lands of Cullyne pertenyng to Alexr Wentoun of Andat 
quhilks Johnne Matlande nowe occupiis and ane marks wortht of the 
lands of Andait quhilks Thomas Gray nowe occupiis in defalt of pament 
of the some of thre scoir of punds sex punds tuelf schilling and nyne 
pennys aving to James Redauche 

(10 November 1509) 

The Apprising of the Lard of Innerugyis landis Georg Gordonis 

landis etc 

The said day thir personis under writin that is to say Wilzeame Hay 
of Ury Gilbert Menzeis of Petfodellis Johnne Forbes of Echt Johnne of 
Mar Ranald Oudny of that Ilk Johnne Skene of Uchterarne Thomas 
Waus Alexander Menzies Alexander Hay brodir german to the said 
Wilzeame Hay of Ury Willzeame Portar Johnne Bannerman Wilzeame 
Lesly in Tailty Georg Hervy and Alexr King at the prising of the lard 
of Echts landis chosin and sourne in ane assiss at the command of the 
Shreff be wertew of our Souerane Lordis letters direct to him tharapone 
apprisit aucht marks wortht and xxxij d wortht of the landis of Coklaw 
pertening to Sir Wilzeame Keitht of Innerugy Knicht in heritag to the 
King for the sovme of fifty sevin marks v s iiij d aucht till his hienes 
Tharof iiij marks in the yer of the part of the said landis that Johnne of 
Mar tennend to the said lard of Innerugy occupiis And iiij or marks 
wortht and xxxij d wortht in the yeir of the part of the said landis that 
Johnne Artht and Androu Andersoun tennends to the said lard occupiis 
And xiiij or marks wortht and tua schillings wortht of the tua parts of the 
landis of Mydmar pertening to Georg Gordone of Abirzeldy Tharof vi 
marks viij s and xj penneis of the tuapartis of the toune of Mydmar And 
sex marks wortht of the tuapartis of the lands of Bawblair And xviij 

I Bannerman was presiding judge at this Court and also on I7th June preceding. 

85 



Aberdeenshire Sheriff Court : 

schillings and fiwe pennys wortht of the lands of Kynnerny pertening to 
the said Georg in heritag in defalt of pament of iij** punds and sex lib 
aucht tile our souerane lords hienes that is to say for euery vij marks 
ane marks wortht of land Alsua the said personis befor writin except the 
said Johnne Forbes apprisit four marks wortht of the landis of the Manis 
of Echt for xx d punds aving till our Souerane lord And thareftir the said 
Shreff deput passet to the Merkat Corss of the said burght and thar be 
oppin proclamacioun maid be the moutht of Alexander Malvin Mar 
deput pofferit the said landis to the awnars and creditours of the samyne 
priss and thareftir till ony utheris that wald by thame ane marks wortht 
of land for xx marks and failzeing tharof ane marks wortht of land for x 
marks And becaus he culd find nane to by the said landis he assignit 
thame till our Souerane lordis hienis for the pament of the said soomes 
that is to say vij marks wortht of land for euery mark Ande the said 
lands of Coklaw and Echt ar haldin of our Souerane lorde ande the said 
lands of Mydmar ar haldin of my lorde of Huntlie 

(6 May 1510) 
The Prising of the Lard of Echts lands and Lands of Ouchtererne 

The said day thir personis Gilbert Menzeis of Petfodelis Androu 
Cullane Dauid Andersone Georgs of Abercromy and Petmadane 
Alexander Eraser Johnne Collisone Duncan Collisone Wilzeame 
Crawfurd Dauid Kyntour Alexander Burnat and Thome Lousone 
chosyn and suorn in ane assiss at command of oure Soueren lords letters 
apprisit the therd part of the lands of Culie pertening to Johnne Forbes 
of Echt extending to iiij marks iij s and x d for the some of tuenty 
punds awand to our Soueren lord And attour thai apprisit the half lands 
of Ouchtererne pertening tile Alexander Cults of Ouchtercule for 
viij punds vj s and viij d awing tile our Soueren lords hienes 

(n May 1510) 
The Prising of Georg Gordonis landis of Mydmar (and others) 

ASSISA 

Johnne Mowat of Lostcragy Wilzeame Johnstone of that ilk 

Wilzeame Turing of Foverne Wilzeame Oudny of that ilk 

Thomas Fraser of Stanywod Alexander Gordone of Kennerty 

Androu Tulideff of that ilk Alexander Wentone of Andait 

Henry Forbes of Kynnellour Johannes Forbes de Tuligovny 

Wilzeame Buchane of Auchnercoy(j^) Alexander Caldour of Sonnaherd 
Wilzeame King of Bourty Wilzeame of Barroche 

Johnne Dunbrek of that ilk 

The said day the assiss befor writin at command of the Shref be 
wertew of our Souerane lordis letters direct tharapone apprisit thir 

86 



Diet Books: Vol. L, Assignations 

landis eftir writin pertening to Georg Gordone of Mydmar for the some 
of tua hundretht pundis aucht til our Souerane lord That is to say five 
marks xij s and viij d vvortht of the tuaparts of the landis of Kynnarneis 
The tuaparts of the landis of Ballinducht extending to vj marks viij s 
and x d The tuaparts of the landis of Corssfeld extending to xiij s iiij d 
The haile landis Tolloche extending to v marks Sowme of the said 
landis extendis to xiiij lib xij s vij d quhilks lands ar haldin of my lord 
of Huntlie Sa restis iij lib xj s v d of the said some of ij c lib for the 
quhilks the said assiss apprisit iij lib xj s and v d wortht of the landis 
of the Esttovne of Cromar pertening to the said Georg quhilks ar haldin 
of our Soueran lords hienes 

Alsua thai apprisit xxx s wortht of the landis of Corss pertening to 
Patry Forbes of Fodirbirss for his part of the pament of iij** lib and x lib 
aving tile our Souerane lordis hienes And the lands of Nethir Diss 
pertening to Jonhne Leslie of Warders the saide Assiss with consent of 
the saide Johne Apprisit tile our Soueran lords hienes for the pament of 
his part of the said some of iij"* lib and x lib Ande the saids lands 
pertening to the said George of Estoun Patry Forbes and Jonhne Leslie 
ar haldin of our Souerane lords hienes 

(19 May 1511) 

The Apprising of Lord Flemings lands 

The saide day the personis befor writin suorne in ane assiss at 
commande and charge of the Shef be tenor of forme of our Souerane 
lords letters directit tharapone apprisit the lands of Aide Goulis extending 
to aucht [marks] wortht of landis in the yer for aucht scoir of marks 
ande thretteine schillings and iiij pennys wortht of the lands of Litill 
Govlis witht thar pertinence Hand in the barony of Monycabok within 
the saide Shefdome pertening to Johne Lord Flemyng to Thomas 
Hoppringill masar as is contenit in the said our Souerane lords letters 
directit tharapone Ande sex schillings wortht of the said lands of Litile 
Goulis to the Shef for fiwe punds and auchteine schillings of his fe for the 
prising of the said lands quhilks lands ar haldin of our Souerane lord be 
seruice warde and relewe 

Assignations of Land for Nonentrics, Teind, &c 
I. 

(3 July 1506) 

The said day the Assiss befor writin assignit tile our Souerane lords 
hienes the half lands of Fechtlie Sonnabeth and Estir Drummaloche with 
thar pertinence with his hienes successors and assignais to remane for 
thretty yers to cum for the some of xxx" marks aving to his hienes for 

8? 



Aberdeenshire Sheriff Court: 

the nonentress of the richtuiss ayrs and ayrs in the said lands eftir the 
tenor of the Retour maid tharapoun 1 

II. 

(27 October 1506) 

The said day the Shef assignit to my Lord of Abirdene fywe marks 
worth of the Lands of Ardmiddill for his secunde teind of the Lands of 
Ouchterless-dempstar pertening to him be decess of Umquhile Walter 
Dempstar of Ouchterless 

III. 

(Eo. die) 

The said day the secunde teinde of the lands of Petcapill pertening 
to umquhile James Leslie of Petcapile extends to fourty marks v s and 
iiij d ale the tyme of the ward being in the Wardars hands 

(3 April 1507) 

The said day Androu Lesly grantit him to releiff Dauid Lesly of 
Petcapill sone and ayr till umquhill James Lesly of Petcapill of the half 
of the secunde teind aucht to my Lord of Abirdein of the said lands be 
the space of sextene yers be resone of ward 

IV. 

(2 May 1508) 

The said day the Assiss assignit to my Lord of Aberdenes secunde 
(teind) fiwe marks wortht sevin s wortht and ane halfpenny wortht of 
the lands of Auchloche with thar pertinence Hand in the baronny of 
Skene pertening to his Lordschipe be decess of umquhile Alexander 
Skene of that Ilk induring the tyme of the ward of the samyne 

Breach of Arrestment 

I. 

(30 September 1505) 

The said day Williame Blakhall of that Ilk allegiit that Williame 
Forbes in Lathindy and Johnne Colt hed brokin ane arestment maid be 
his Officiar in the awaytakin of tua ky ane meyr ane ark and certane 
Insicht of gair and the schilling of tua bollis of aits quhilk arrest brekin 
the said Williame Forbes and Johne denyt and askit ane interloquitour 
of the court the said partiis beand removit it was fundin and deliuerit 
be the Shreff and the barons that the said arestment was of nane awaill 
and the Officiar unlauchfule that maid the said Arest 

l. The service of John Forbes to his grandfather, Sir Alexr. Forbes of Pitsligo on aist April 
preceding bore that the lands were held of the King and had been in non-entry for 30 years. 

88 



Diet Books: Vol. I., Complaints 

II. 

(ii May 1510) 

The said day Thomas Fowler in the Leylug was conuict be the assiss 
forsaid for the brekin of ane arrest maid apone viij thraif of beir that 
grew on certane Rudes and croftis Hand in the burgh of Kintor pertening 
to Henry Chamer in heritag for the quhilks he was in amerciament of the 
Court all his movabile gudes eschet to the Kings use and his persone in 
ward at the Kings wil and that was gevin for dome be the moutht of 
the said Willzeame Fynne dempstar 

Complaints against Officers of Court 

(8 May 1504) 

The said day Thomas Bisset and Thomas Strath Ilk ane of thame 
in amerciament of the Court becaus thai ressauit precepts of the Shreff to 
put tile executioun and present nocht the samyne agane 

II. 

(9 April 1510) 

The said day the Shref ordanit precepts to be direct apone Alex- 
ander Malvin to summond him for half ane merk for Henry Chameris 
expenss becaus he did nocht sa perfitlie to the executioun off his office 
as he suld of ressoun 

III. 

(7 January 1510-11) 

The said day Thomas Bisset Mar of Fee denyit In jugment that he 
had lousit the gudes pertenyng to Johnne of Uyne arrestit at the 
instance of Johnne Allirdes of Badinscoth And gif it was previt on him 
that he had lousit the samyne he suld recompens the said Johnne 
Allirdes of the skaitht that he sustenit tharthrou 

IV. 

(3 June 1511) 

The said day Alexander Malvin Mair deput opinlie denyit in the 
Court that he put out ony gudes out of the landis of Gellane pertening to 
Johne Forbes or ony tennents or inhabitants the said ground 

Entries relating to Criminal Charges 

(31 October 1503) 
Copia Lre regis 

James be the the grace of God King of Scottis To oure Sheff of 
Aberdene and his Deputs ande to oure louit Patry Ogiluy our Sheff in 

M 89 



Aberdeenshire Sheriff Court: 

that part specially constitut gretinge For samekle as we of our speciale 
grace has grantit our remissioun to James Blak now beinge at our hornc 
for the slauchter of umquhile Robert Watsoun Our wile is herfor and 
We charge you stratly and commands that incontinent these our letters 
sene ye in our name and autoritie Relesche the saide James of the process 
of our home ressaue him to our pace and gif him the wande tharof the 
quhilk to do we commit to youe our full power be these oure letters 
Deliuering thame be you deuly execut and Indorsat agane to the berar 
Gevin undir our signet at Edinburghe the last day of August and of 
oure regne the xvj yer 

II. 

(8 May 1504) 

The viij day of the monetht of May the yer of God ane Thousand 
fyve hundretht and four yeris The said day Williame Colp come souerte 
tile Alexander Bannerman of Watertone Sheff deput of Abirdene be his 
hand uphaldin undir the pane of x pundis to entir Dauid Colp his sone 
befor the said Sheff in the nixt Sheff Court to be haldin within the 
tolboutht of Abirdene one Setterday the first day of Junii nixt to cum 
thar tile ansuer for the blud dravin of Katherin Andersone 

(14 May 1504) 

The said day Jhonne Kintor lamentably complenit to the Sheff 
sitand in Jugment that Davy Colpe had hurt and dravin blude of Agnes 
Andersone his modir besekand Justice and thar Williame Colpe his fadir 
oblist him be his hand lands and guds tile cntir the said Davy befor the 
Sheff of Aberdene or his deputs ane or may in the nixt hed Sheff Court 
of Aberdene To be haldin within the tolbuitht of the burgh of Aberdene 
one Tuisday the first day of the monetht of October nixt to cum thar to 
ansuer at the instance of the said Agnes in the premisses undir the pane 
of tene punds 

III. 

(10 October 1504) 

The said day Wille Watt at the kirk Clat was corsit and socht to 
have underliit the law for the slauchter of Andrew Bonamak becaus he 
was fugitive fra the law and culd nocht be comprehendit tharfor the Sheff 
put the said Wille Wat to the kings horn 

(Eo. die) 

The said day Wat Traill his fadir be opin proclamacioun at the 
merkat croce was warnit this day xv dais to compeir befor the Shef thar 
tile underly the law for the said slauchter of Andrew Bonacmak 

90 



Diet Books: Vol. L, Criminal Charges 

IV. 

(i February 1504-5) 

The said day Duncan Thomsone of Auchinhampar fand borcoms in 
the hands of Thomas Bisset mair of fee of the said Shefdome that 
Thomas Alexandersone was ane comone theyf and that he had brokin 
his fadirs chamer and stowin avay the guds schets blankats and uther 
guds quhilk the said Thomas denyit And incontinent the said borcoms 
was put to the decisioun of ane assis of thir personis undir writin that is 
to say William Gordone of Scheues Sir Andrew Fraser of Stanevode 
Knicht Alexander Skene of that Ilk Andrew Tulidef of that Ilk 
William Turing of Foveran Henry Forbes of Kynnellar William Blakhal 
of that Ilk Alexander Couts of Ouchtcrcoule Henry Annand of 
Ouchterellone Alexander Crome of Innerernane Alexander Mortymer 
of Crageuer Patry Gordon of Huddauche Johne Chamer of Strathechin 
Ranald Oudny sone and appering ayr to William Oudny of that Ilk 
Robert Burnat of Balmad Johne Dalgarnow of Delgarnoy Fintray and 
Thomas Fraser of Kinmondy 1 quhilks riplie avisit the gret aithes suorne 
fande the said borcoms of nayn avale and the said Thomas Alexandersone 
quyt of all the said thifts 

V. 

(3 April 1505) 

The thrid day of the monetht of Aprile the year of God j m v c and 
fiwe yeirs Jonhne Williamsone in Ladmakay Donald Gaw in Glencoy 
Johne Makincalzour duelland in Tollykitht and Donald Makincalzour in 
Innernyci become souerte be thar hands and guds tile Alexr Bannerman 
of Wattertoune Shef deput of Abd coniunctlie and severalie tile entir 
Thome Coup befor our souerane lords Justice the thrid day of the nixt 
Justice Ayr of Abd to be haldin within the burghe of Abd thar tile 
underlie the law for the slauchter of Wat Makynreoche undir the pane of 
and Johne Forbes fear of Brux come souerte be his hands lands 
and guds to the saide Shef deput as ourborghe tile entir the said Thomas 
as saide is undir the said pane befor thir witnes Thomas Bannerman 
William Rossele and Sir Johne Stirueling Notar Publict 

VI. 

(17 May 1505) 

The said day Johnne Pantone of Petmethane fand ane borgh in the 
hands of Thomas Bisset Mair of Fee of Abirdene that thiftuisly Sande 
Proudy Johnne Fynie Thome Robertsone Ele the Wif of Sande Proudy 
Anne Chasour the Wyf of Johnne Fynie the Wif of Thome Robertsoun 
And the said Johne Pantoun come souerte to follou the said borgh the 

I Jury numbering seventeen. 
91 



Aberdeenshire Sheriff Court : 

vij day of Junii be his hand lands and guds And the persons aboue 
writin thiftuisly staw fra the said Johnne Pantoun vij firlots of aits with 
the mair 1 out of his barne of the lands of Petmethan 

(7 June 1505) 

The said day Johnne Pantone of Petmethane band him be his hand 
landis and gudis to follow the borrowis of thift fundin one Sande Proudy 
Johnne Fynie Thome Robertsone befor our soueran lords Justice in the 
thrid day of the Justice Ayr of Abirdene under the pane of fourty lib 

(Eo. die) 

The said day Alexander Pantoun in Tolhone oblist him be his hand 
lands and guds to entir Thome Robertsone the thrid day of the nixt 
Justice Ayr of Abirdene befor our soueran lords Justice thar to underly the 
law of the borgh of thift fundin one him be Johne Pantoun of Petmethane 
under the pane of xl lib 

(Eo. die) 

The said day Johnne Cullane oblist him be his hand lands and guds 
to entir Johnne Fyne the thrid day of the nixt Justice Ayr of Abirdene 
befor our soueran lords Justice thar to underly the law anent the borgh 
of thift fundin one him be Johnne Pantone of Petmetham under the pane 
of xl lib 

VII. 
(Entered in Diet Book immediately after 30 October 1505) 

James be the grace of God King of Scotts to our Shrefs of Banff and 
Aberden conjunctly ande seuerally ande thar deputs Greting forsamekle 
as Finlay Duyr is denuncit our Rebell ande put to our horn as fugitif 
fra our Lawis at the ferd air haldin in our toune of Banff ande certan 
otheris wais of quhilks we now ar nocht aduertist Our wile is herfor ande 
for certan consideracionis moving us We charg youe that the saide 
Findlay findand youe sikkar souertie to enter to our nixt Justice air of 
Abirdene befor our Justice ondir the pane of v libs ye Relesche hyme 
of our horn Resaue him to our peace ande gif him the wand tharof The 
quhilk to do we commit to youe ande ilk ane of youe our fule pouer be 
this our letters gevin under our Signet at Aberden the xxiiij day of 
October ande of our Regne the xviij yeir 2 

VIII. 

(21 April 1506) 

The said [day] Wat Patousoune was conuict be ane suorne assiss 
forsaid for the blud dravin and hurting of Catherine Sclugy for the quhilk 

I Full measure. 

2 Seeming to prove that King James IV. was in Aberdeen at this time. 

92 



Diet Books: Vol. I., Criminal Charges 

he was in ane amerciament of the court and to amend as law will and to 
forbear in tyme to cum 

IX. 

(12 May 1506) 

The said day Johnne Andersoune deponit be his aitht that Cowe 
Johnnesoune come one Anne Fentoun at hir avin barne dur and strak hir 
to the yerd and held hir at the yerd bot he knavis nocht how sche gat 
the blud bot sche was but blud or he put hand on hir 

X. 

(Entered between 3 November 1506 and 12 January 1506-7) 
James be the Grace of God King of Scots to our Shreff of Abirdene 
and his deputs Greting our will is and we charge youe incontinent this 
writ sene ye Relesche of our home Alexander Name Ressaue him to 
our peace and gif him the wand tharof becaus he has fundin seurtie to our 
louit familiar Clerk and Counsalor Master Richard Lausoun our Clerk of 
Justiciary to undirly the law at a ccrtane day of our Justice Ayr of 
Abirdene undir sic lyk pains as the laif of nychtbours and personis has 
done Eftir the forme of the deliuerance gevin be the lords of our 
counsaill tharuppone And this ye do as ye will ansuer to us tharuppone 
deliuering this our letters be youe deuly execut and indorsat agane to 
the berar ye takand ane actentik copij heirof for your warrand Gevin 
under our signet at Edinburgh the thrid day of December and of our 
Regne the nyntene yeir 

Ex Dcliberatione dominorum Consilii etc. 

XI. 

(27 February 1506-7) 

The said day Thomas Chene was in ane amerciament of the Court 
in defalt of presence to follou Thome Layng for blud dravyne of him 
And the said Thomas Layng in ane amerciament of the Court in defalt 
of presence etc. as he that lauchfullie summond and nocht comperit 

XII. 

(Eo. die) 

The said day William Martin was in ane amerciament of the court 
for the blud dravyne of Robert Stot etc. and tile amend as law wile 

XIII. 

(30 October 1 507) 

The said day Johnne Pantone of Petmedane said opinly in plan 
Court that he wauld his sone hed strekin out all George Heruiss harins 

93 



Aberdeenshire- Sheriff Court : 

(Eo. die) 

The said day Johnne Pantone was in ane amerciament of the Court 
be his avvne toung grant for the tribulance of the Court in word and to 
amend as law will and that was gevin for dome 

XIV. 

(20 January 1 507-8) 

The tuenty day of the monetht of January the yeir of God ane 
thousand fiwe hundreth and sevin yeiris Johnne of Mardis band and 
oblist him be the faitht of his bodie tile entyr the thrid day of the nixt 
iustice ayr of Abirdene in the tolbutht of the burgh of Abirdene befor our 
souerane lordis iustice thar tile underly the lawe for the slauchter of 
umquhile William Buk under the pane of fourty pundis And thir personis 
under writin band and oblist thame be the faithts of thar bodiis tile ane 
honerabile man Alexander Bannerman of Watertoun Shef deput of the 
said Shefdome tile entyr the said Johnne Mardiss the said thrid day of 
the ayr as said is tile underly the law for the said slauchter under the 
said pane of fourty punds That is to say Johnne Keitht in Tortowy 
oblist him for fiwe punds Johnne Mar burges of Abirdene for fiwe 
pundis William Pyot in for v punds Alexander Johnestone of 

Baddindauch for v punds William Ranaldsoun for v pund Johnne Drum 
in Wattirtone for v punds Dauid Donaldsone in Auchmill for v pundis 
and William Walcar burges of the said burgh for v punds 

XV. 

(4 March 1507-8) 

The said day Thomas Bisset Mair of Fee grantit that he ressauit 
xl s fra Andrew Wobster for ane amerciament in the Justice Ayr 

XVI. 

(15 March 1507-8) 

The xv day of the monetht of Marche the yeir of God j m v c ande 
sevin yers Johne of Mar Shef deput of Abirdene for the tyme causit 
Normond Lesly ane of the mars deputs of the said Shefdome denuncit 
thir personis Alexander Lindesay that maryit Alexander Reds wifs 
dochter in Abirdene and his name of the quhilk I can nocht get his name 
Richerd Lyiele Andro Cuk Henry Emry and Thome Emry our soueran 
lords rebells and put thame to his home be wertu and tenour of ane 
precept of ane nobile and michty lord William Erie Merscheale Lord 
Keitht and Shef of Kincardin becauss thai war forth soucht and cud 
nocht be comprehendit to underly our soueran lords lawis for the crimes 
contenit in the said precept befor thir witnes Johne Lesly of Wardes 

94 



Diet Books: Vol. I., Criminal Charges 

Dauid Menzes Gilbert Menzes Prouest of the said burgh Thomas Chand 
Dauid Andersone Dauid Lesly of Petcapile Thomas Lesly Mathow 
Branche Robert Wans William Rait and Dauid Tailzour 

XVII. 

(2 June 1509) 

The said day Androue Mur was conuict be the said assiss for cruell 
hurting and blud dravin of Alexander Nicholsone and aucht tile amend 
as law will and forber in tym to cum and that was gevin for dome And 
the said Alexander was maid quyt of all stroublance of the said Andrew 
be the said assiss all in voce concordand 

(Eo. die) 

The said day Johne Watsone was conuict be the said assiss all in 
ane voce concordand for stroublance of the said Alexander Nicholsone 
for the quhilks he was in amerciament of the court and tile amend as law 
will and forber in tyme to cum And the said Alexander quyt of all 
stroublance of the said Johnne And atour it was deliuerit and ordanit be 
the said assiss that the said Androue Mur and Johnne Watsone sail gif 
to the said Alexander xl s for the skaitht and offens dane to him 

XVIII. 

(Eo. die) 

The said day the Shref assignit Settirday that nixt cummys to 
Johnne Braxstane als Alexandersone and Thomas Martin duelland in 
the pariss of Ovin to comper befor him and the baronis thar till underly 
the law for the Ditty of thift input to thame and failze that thai comper 
nocht the said day till underly the law to be bannyst the Schir for euer 

XIX. 

(Eo. die) 

The said day Alexander Strachauchin de Lethinturk deuenit plegius 
legalis per manus sue dextere ostensionem per terras suas et per bona 
quod Thomas Strachauchin Johannes Strachauchin Willmus Strachauchin 
Jacobus Strachauchin filii sui Johannes Dune Dauid Croskis et Johannes 
Ferguss intrabuntur tercio die proximi Itineris Justiciarie de Abirdene 
coram Justiciariis supremi domini nostri regis aut super premunitione 
quindecim dierum etc coram supremo domino nostro rege juri subituros 
pro interfectione Duncani Gareauch Senioris et Duncani Gareauch 
junioris sub pena juris et secundum tenorem Acti Parliament! Coram his 
testibus Patricio Gordoun de Methlik Thoma Fraser de Stenywoid 
Patricio Stewart de Latheris Andrea Tulidef de codem Johanne Mowat 
de Loscragy Johanne Forbes de Echt Alexandra Mortimer de Cragiuer 

95 



Aberdeenshire Sheriff Court : 

Johanne Skene de Ouchterarne et Willmo Mortimer filio et apparente 
herede Alexandri Mortimer de Cragiuer cum diversis aliis etc 1 

XX. 

(9 April 1510) 

The said day Alexander Malvin at command and charg of the Shreff 
summond Dauid Reid and Androw Walcar personaly present in plane 
Court to compeir in the Shref Court to be haldin the xj day of May 
nixt to cum for the tribulance and blud betuix the said personis of Loky 
Patersone 

(11 May 1510) 

The said day Androu Gray lauchfuly summond callit and nocht 
comperit tile haue borne witnes of the blud dravin of Loky Patersone be 
Dauy Reid and Androw Walcar 

(Eo. die) 

The said day Alexander Gray witnes betuix Dauy Reid Androu 
Walcar and Loky Patersone anent the blud dravin of the said Loky 
requirit be his aitht deponit and suer that he had giffin parcial counsaile 
with the said Loky Pater. c one agains the said Dauid and Androu 

(Eo. die) 

The said day Johnne of Murray mar deput at command of the Shref 
summond Loky Patersone personalie present in jugment to compeir in 
the nixt Shref Court to be haldin within the Tolbutht on Settirday the 
first day of June to ansuer for the hurting and blud draving of Dauid Reid 

(Eo. die) 

The said day the Shref continewit the opening of the deposicionis 
and witness of the actioun of blud betuix Dauid Reid Androu Walcar 
and Loky Patersone to the Shref Court to be haldin the first day of June 
And Johnne of Murray mar deput at command of the Shref personalie 
summond al the said partiis to comper the said day to heir ane 
deliuerance gevin in the said mater 2 

XXI. 

(31 July 1510) 

The said day Johnne Goddisman in Tulifour was lauchfully summond 
be Malvin deput mar to follow the blud drawin of him be 

Androw Strachachin quhilk comperit nocht for the quhilks he was in 
amerciament of the court sic as he aucht to tyne of law And atour the 

I Compare Release of John Fidlar from the Horn on 26th May 1511. 
2 No further entry has been found. 

96 



Diet Books: Vol. L, Criminal Charges 

Shref ordanit the said mar to pass and warne the said Johnne to the nixt 
hed Shref Court to be haldin withtin the Tolbuitht of Abirdene one the 
law day nixt eftir the fest of Sanct Michaell nixt to cum 

XXII. 

(Eo. die) 

The said day Alexander Malvin mar deput at command of the 
Shref summond Andrew Strachin personaly apprehendit in jugment to 
comper befor the Shref or his deputis at the nixt hed Shref Court eftir 
the fest of Sanct Michaell to ansuer for the blud dravin of Androu Roust 
And summond the said Androu Roust to comper the said day to follou 
the said blud drawin of him be the said Androu Strachachin 

(i October 1510) 

The said day Androu Strachachin was maid quyt be the assiss for 
the wrangous blud drawin and hurting of Androu Roust and Johnne 
Goddisman 1 

XXIII. 

(Entered after 29 November 1510) 

James be the grace of God King of Scotis To our Shrefs of Inuernes 
Banff Elgyne and Fores and Abirdene and thair deputtis and to our 
louits Duncan Richardsone our Shreffis in that pairt coniunctlie and 
severaly specealie constitut greting Forsamekle as it is humblie menit 
and schawin to us be our louit Andrew Smyth that quhar umquhill 
Alexander Angusone his brother wes cruelly slaine xv daiis eftir pasche 
wes ane yer be William Setoun sone to Alexander in Strachone and 
utheris his complices quhilk William Setoun is now in the handis of our 
cousing and consolour Alexander Erll of Huntlie in firmance in our 
castell of Inuernes and his saidis complices, that war at the committing 
of the said slauchter ar in the cuntre and as yit nocht underlyit our lawis 
the maist pairt of thame under the barren of Crome lard of Innerernan in 
Mar in gret lichling and contempting of our autorite and lawis gif sa be 
Our will is herfor and we charg you straitlie and commands that 
incontinent thir our letters sene ye pas serch and seik the complices 
forsaids of the said William Setoun and gif thai can be comprehendit 
that ye tak sicker souertie of tham sa mony as the said Andrew will mak 
gud faith befor you was art and pairt of the said slauchter and gevis thar 
names in bill that is to say of ilk gentilman landit under the pane of 
i c lib ilk gentilman unlandit i c marks and ilk yoman xl d (?lib) that thai 

I It may be noted that Roust and Goddisman were at this Court convicted of Spuilzie, p. 59> 
and it may be inferred that there was bloodshed, which on Strachachin's part was held to be 
justifiable. 

N 97 



Aberdeenshire Sheriff Court: 

sail compeir befor our Justice the third day of our nixt Justice ayr of 
Abirden to underly our lawis for the said slauchter and gif thai be fugitive 
or refusis to find the said souirty that ye denunce thame our rebellis and 
put thame to our home and eschaet and inbring all thair mouable gudis 
to our uss and atour that ye tak sickir souirty and lauborrows of sa mony 
personis as the said Androu will mak gud faith befor you he dreds 
bodely harme ande gevis thair names to you in bill that is to say 
ilk gentilman landit under the pane of i c lib ilk gentilman unlandit 
i c marks ilk yoman xl lib that the said Androu sal be harmles and 
skaithless of thame and all that thai may latt but fraud or gile bot as law 
will This ye do as ye and Ilk ane of you will ansuere to us apone the 
executing of your office The quhilk to (do) we committ to you 
coniunctlie and seuerallie our full pouer be thir our letters Deliuering 
tham be you deulie execut and indorsat agen to the berar gewin under 
the signet At Striueling the xxv day of Aple and of our Regnne the 
xxiij yer 

Ex deliberatione Dominorum consilii 

XXIV. 

(31 March 1511) 

The last day of the monetht of Mche the yer of God j m v c and xi 
yers Gilbert Menzeis prouest of Abirdene and Shref deput of Abirdene 
passit to the mercat croce of the samyn and thar be the moutht of 
Normond Leslie ane of the Mars deputs of the said Shrefdome be oppin 
proclamatioun thus as effers exponit how the Shreffs precepts being 
direct to him thareftir passit corssit and socht Johne of Iruyne in 
Badarauche within the bounds of his office and culd nocht comprehend 
him to haue fundin souerte tile undirly the Kings lawin for the cruele 
slauchter of Patry Birby Tharfor the said Normond put him to the 
Kings home and declarit him his rebele forbidand in our souerane lords 
nayme that nay manner of persone intromit with his guds under ale pane 
and charg that eftir may follow etc befor thir witnes Shir Johne 
Ruthirfurd Johne Cullane Johne Colisone Johne Mar James Colisone 
Andrew Fyf Waltir Cullane etc 

XXV. 

(29 April 1511) 

The Shreff ordanys that all personis that ar proclamyt heir now And 
all the personis that hes bene proclamyt diuerss and mony tymes of 
befor at this Merket Croiss and utheris diuerss pairtiis of the Schyr to 
enter to the nixt Justice ayr for slauchters and muttillaciones befor the 
Shref of Abirdene or his deputis ane or may in the tolbutht of Abirdene 
that thai compeir the sex day nixt to cum and find souertie to enter to 



Diet Books: Vol. I., Criminal Charges 

the nixt ayr under the pane of rabellione and puting to the home and 
thame that cumis nocht the said day and fyndis nocht the saidis souertye 
as said is that thai sal be denuncyt the Kings rabell and put to his home 
and all thair movable gudes eschaet to our souerane lordis use 

XXVI. 

(Entered after Court of 22 May 1511) 
Relax Johne Feldar a cornu Regis 

James be the Grace of God King of Scotis To our Shref of Abirdene 
and his deputis greting Oure will is and we charg you incontinent eftir 
the sycht herof ye relax Jonhne Fidlar of the process of our home execute 
apoun him in defalt of souertie finding to undirlie our lawis for art and 
pairt of the slauchter of umquhill Duncan Gauriach and ressaue him till 
our pece and gif him the wand tharof to remane thairat unto the first day 
of our next Justice ayr of Abirdene Deliuering thir our letters be you 
deulie execut and indorsat agane to the berar Gevin under the Signet at 
Edinburgh the xxvi day of May and of our Regne the xxiij yeir 1 

XXVII. 

(5 August 1511) 

The said day Duncan Mathousone and Patry Moir ilk ane of thame 
was in amerciament of the Court be ther avin toung grant for the hurting 
and cruele blud draving of Elene Gavain and till amend as law wil and 
forber in tyme to cum and atour it was ordanit that ilka of the said 
personis sail gif v s to the said Elene tile amend for the skaith done to hir 

XXVIII. 

(30 September 1511) 

Thome Cowy in Futy for the cruele hurting and blud dravin of 
Patry Mostrop in Futy oftymes callit and nocht comperit amerciatur in 
defectu presencie 

XXIX. 

(Eo. die) 

The said day Marioun Clerk the spous of Adam Weir oftymes 
callit and nocht comperit till have ansuerit for the cruele hurting and 
blud dravin of Anny Findelaw in amerciament of the Court in defalt of 
presence 

I Compare with entry of 2nd June, 1509, regarding slaughter of Duncan Gareauch, Senior, 
and Junior, p. 95. 

99 



Aberdeenshire Sheriff Court : 

The Warnyng of the Wappinschaw 

(4 March 1507-8) 

The said day the Shref be oppin proclamacioun at the mercat Croce 
of Abirdene warnit the Wapschawing eftir the tenour of our Soueran 
Lordis letters to compeir apone the Linx of the said burgh the viij day 
of Junij nixt to cum under the panis contenit in the said letters etc 
And to be bodin for weir as effers as the said letters proports 

Miscellaneous Obligations and Contracts 

I. 

(31 October 1503) 

The said day the saide assiss deliuerit and fand that Johne Allirdes 
of Badinscothe ave to seile Shir Johne Rutherfurds Charter of his third 
part of the lande fewit tile him liande in Abirdene in the Schipraw betvvix 
the lande of Alexander Mar one the southt and the lande of umquhile 
Androw Branche one the northt vvitht his avin seile And quhat costis ande 
expenss that the said knycht may preive he has made in the saide Johne 
of Allirdes defalt anent the saide thrid part of the lande the said Johne of 
Allirdes sale content and pay to the saide knycht and the Shref of his 
office assignit to the saide Shir Johne Rutherfurde the nynt day of 
Januar nixt to cum the hede court day of the saide Schir to be haldin 
withtin the tolbuthe of Abirdene to preive the said costs skaithis 
dampnais ande expenss maide be him in the saide mater ande warnit and 
summonde the saide Johne of Allirdes to comper the said day to her the 
said allegeance previt 

II. 

(31 October 1503) 

The said day Johne Cultis of Ouchtercoule oblist him be his hande 
uphalding to pay to Gilbert Menzeis burges of Abirdene iiij lib at back 
day nixt to cum under the pane of dovblinge of the said some 

III. 

(9 January 1503-4) 

The said day it was appoyntit ande accordit betwix rycht honerable 
men Alexander Iruyne of Drum knycht one that ane part and James 
Abirnethty procuratour tile Ellene Abyrnethty his sister one that udir 
part In maner and forme as eftir followis That is to say the said knycht 
for himself the said James for his said sister ar oblist and suorne be the 
fathis of thar bodys to stand ande abid at the deliuerance decret ande 
ordinance of thir personis eftir folloving or ony five of thame that is to 
say Duncan Thomsone of Auchinhampars Patry Steuart of Lathers and 

100 



Diet Books: Vol. I., Obligations & Contracts 

Alexander Abyrdour chosin be the said knycht The master of Saltone 
Willeame Forbes of Towys and Johne Gordone of Lunger chosin be the 
saide James anent the Terce of the landis of Craok clamyt to pertene to 
the saide Ellene be ressone of terce be decess of umquhile Georg of 
Gordone hir spouse Quhilks partiis sal caus the said personis to convene 
ilk ane the persons chosin for thame at the Chapell of Sydgat the first 
Sounday of Lentryne nixt to cum and thar tak the said mater to thame 
ande gif furtht thar decret and deliuerance tharintile eftir thar aithes and 
conscience befor thir witnes Schir Gilbert Hay of Ardendraucht knicht 
Master Androue Caidioue Schir Dauy Nell and Schir Johne Stiruelinge 
notar publiks 

IV. 

(16 April 1504) 

The said day Thomas Laysk grantit hyme to warrand kep ande 
defend Alexander Bannerman in Knavane skathles and free of the maile 
of the thrid part of the landis of Knavane takin up be hyme fra the said 
Alexander insafar as law wile 

V. 

(31 July 1504) 

The said day Johnne Crokat grantit to warrand the cow to Alex- 
ander Andersone as law will that he had sellit to him 1 

VI. 

(31 July 1504) 

The said [day] Margaret Leslie the relict of umquhile William Hay 
of Ardendraucht grantit hir to keipe nychtbourschip to Sir Gilbert Hay 
of Ardendraucht Knicht and oblist hir tharto ande askit the samyn to be 
akit and to fynd the said nychtbourschipe 2 ale the dais of hir liwe 

(Eo. die) 

The said day the Shref assignit the law day eftir Michaelmes nixt to 
cum to Sir Gilbert Hay of Ardendraucht Knicht to preiw the costs ande 
skaithts that he has sustenit throw the wanting of nychtbourschip anent 
the labouring of the terce of the Manys of Ardendraucht in the defalt of 
Margaret Leslie eftir the tenour of his precept 

1 This would be a warranty of title to sell, not of quality or soundness of the animal. 

2 The mutual obligations of tenants holding under the same landlord to assist each other in 
ploughing and otherwise went under the name of good neighbourhood, and various references 
will be found in Cosmo Innes' Scottish Legal Antiquities, pp. 248, 251-2, and 254. What were 
the obligations as between a proprietor and the Lady of the terce does not appear, and unfor- 
tunately, the foregoing are the only entries found in this volume. 

101 



Aberdeenshire Sheriff Court: 

VII. 

(27 October 1506) 

The said day comperit Johnne Oudny in jugment befor the Shref 
and deponit the gret aitht that he come borgh and hamald for ane horss 
sauld to the lady of Oudny be Johnne of Mylne 

VIII. 

(12 January 1506-7) 

The said day Alexander Cumin of Cultir oblist him be the faitht of 
his bodie to pay to Alexander Bannerman of Watirtone Shref Deput of 
Abirdein fiwe marks of annuell aucht to him of this yeir immediat bigane 
out of his lands of Kilduthe withtin xxiiij hours eftir the gudis pundit 
distrenzeit and takin be the mars for the said annuell be deliuerit agane 
And the guds that was pundit and ded in the tyme salbe allouit in the 
pament of the said fiwe marks as thai war prisit befor the mair 

IX. 

(17 June 1508) 

The said day Williame Thomsone hatmakar and Meg Philpsone 
his spous grantit that thai had sauld tua yong scheip to Rob Bozray and 
to Anny Patry videw tua yong scheip and a lamb quhilks thai deliuerit 
to the said personis and ressauit pament tharfor 

X. 

(9 April 1510) 

The said day Thomes Fouler in the Leyluig oblist him be the faitht 
in his bodye to delyuer to Schir Johnne of Stiruelling or to his seruands 
within his tak of Estir Cardny the Cow quhilk Johnne Sownlis has of his 
or ellis the best cow that he has of his awne and xx s of money within 
aucht days heireftir follouing without lang delay fraud or gile befor thir 
witnes Patry Berclay of Garntuly William Craufurd of Federay Patry 
Stewart of Lathers Henry Forbes of Kinneller Thomas Forbes his brodir 
Mastir Dauid Nicholsone and the haile said assiss 

XI. 

At Abirdene the xviij day of the monetht of Aprile the yer of God 
jm v c anc j x j y ers it j s appontit and accordit betuix ane honerabile man 
Andro Elphinstone of the Selmys in the name and behalf of ane Reuerend 
Fadir in God Wilzeame bischop of Aberden one that ane part and Johnne 
Findour wrycht one that uther part in maner and forme as eftir follouis 
that is to say the said Johnne sal God willing mak and compleit the 
tymmer werk of the grat stepile of the cathederall kirk of Aberdoun that 

102 



Diet Books: Vol. L, Obligations & Contracts 

is to say the brandraucht 1 and loft that the prik 2 of that said stepil sal be 
raisit on togidder with the said prik eftir the forme and patroun gevin be 
the said Reuerend Fadir to the said Johnne weill and substancheously 
junyt and hewin as the stepil and prik of the kirk of Sanct Johnnstoun 
is on this wiss that the neddir tumes salbe maid witht ane battaling of 
tymmer at the hed of the said tume witht aut [ane ?] passag about the 
said tume quhen it cummys to viij squair and sal theik the said tume 
witht burdis and the undir prik of the said stepil witht latht 
for leid And froath4 sail raiss the prik of the said stepil abuf that 
tume and sal bynd that substancheously to the perpetuale lofts 
of the samyn witht the knop and cok one the hed of the samyn 
as the forsaid stepil of Sanct Johnnstone is And of hycht as the 
said Reuerend Fadir wil desir For the quhilks toume and prik 
brandraucht and loft forsaid the said Andro sail weil content and 
pay to the said Johnne Fyndour the sowme of iiij xx viij lib and xviij s 
That is to say tuenty tua lib iiij s vj d at the entress of the said Johnne 
to the said werk And xxij lib iiij s vj d at the completing of the said 
neddir tume brandraucht loft and passag tharof And xxij lib iiij s vj d 
at the hail completing of the said prik towme loft and brandraucht as is 
forsaid and xxij lib iiij s vj d at the completing theking witht burd and 
lachting and upputting of the weddircok of the said prik in complet 
pament of the said sowme of iiij**viij lib and xviij s The said Reuerend 
Fadir findand to the said Johnne tymmer irne and all uthir nedful stuf 
to the werk and als sail get him help of men for the wynding and upputting 
of the said werk quhen he is reddy tharto The said Johnne findand 
werkmen and sawing quhen neid beis And for the sawing of the said 
tymmer being in the wod my lord sal ger schaw thame on his expenss 
And that this forsaid werk be completit witht all possibile haist sua that 
it may be completit and thekit betuix this and wyntir nixt following 
And als the said Johnne sail hereeftir at the will and plessour of the said 
Reuerend Fadir mak the loft and bestailze 6 for the hinging of the gret 
bellis and ringing of the samyn weil and substancheously to the perpetual 
loft of the samyn and esy ringing of the said bellis And sal mak gret and 
squar beddis? fra the oo 8 up of the said stepile to the undir passag of 

1 Framework. 

2 Spire. 

3 Presumably a void or empty space. 

4 Meaning probably 'from that point.' 

5 ' Perpetual loft ' may be another way of referring to the brandraucht or fixed base of the 
superstructure, or to the flooring above the brandraucht. 

6 Bell-cage. 

7 Probably steps. 

8 This may be a reference to a marking on the form and pattern supplied to the tradesman! 



Aberdeenshire Sheriff Court : 

the said prik that men may pass esely and soueralie to the hycht of the 
said stepil withtin the samyn witht al and sundrie uthir necessar thingis 
belangand the said stepile And sal mak wyndess withtin the said stepile 
that salbe seyne spedfull for to help to the hesing of the said gret bellis 
lik as is in the said prik of Sanct Johnnstone For the quhilk the said 
Reuerend Fadir or his factours sal weil content and pay to the said 
Johnne the sovvme of xliiij pundis ix s on this wiss An quarter heirof 
at the beginning of his said werk that is xj lib ij s iiij d (sic) and als 
mekile at the myd werk doing and the remanet that is xxij lib iiij s vj d 
at the finale end and complet of all the said stepill and werk forsaid the 
said Reuerend Fadir as said is fyndand tymmer Irne werk and help to 
the hesing of the tymmer as said is And for the keping and fulfilling of 
the said contract the said Johnne has bundin and oblist him fathfully 
and sal Act himself befor the commissar of Aberdene undir the panis of 
cursing And befor the Shref of Aberdene undir the pane of rebellion and 
putting to the home and sail remain continialy fra this day furtht on to 
the finale and complet end of the said werk undir the said panes And 
als maks Alexander Wardlaw and Master Johnne of Murray his lauchful 
procurators to act hym in dew forme befor the lordis of Counsaile to 
fulfill and keip all and sundre the forsaid poyntis undir the pane forsaid 
witht the costis skathis and expenss gif it falis the said Johnne to failze 
in ony of thir premisses 

XII. 

(26 July 1511) 

The xxvi day of the monetht of July the yer of Code j m v c & xj yers 
Jonhne of Dune producit ane writ as follouis to Gilbert Menzeis Shref 
deput of Abirdene Schir Shref I commend me to you and pless To wit 
I haue writin to the Alderman of Abirdene befor for Jonhne Dune my 
seruande tueching borcoms funden to the law I stand souerte my self 
eftir the tenor of the Kings letters quhilk I t (word or two torn) sufficient 
enuche Subscriuit with my hand at Forbes (word torn) Lord Forbes 

XIII. 

(30 September 1511) 

The said day It was appontit and accordit betuix Nichol Elphin- 
stone of Glak one that ane part and Alexander Walcar in Petskurry 
Thomas Walcar his sone and Johnne Dauisone one that uthir part In 
manner and forme eftir folloving that is to say ilkane of the said personis 
sail content refund and pay to the said Nichol half ane boll of malt four 
fowlis and tua huks ane day in harsit for this instant yeir in recompens 
for thar petis castin in his West moss of the Glak for his maile of the 
said moss quhilks thai pait him yerlie sen he was lard of the samyne 

104 



Diet Books: Vol. I., Royal Exemptions 

Royal Exemptions from Attendance in the Sheriff Court 

(Entered on 9 April 1510) 

James be the Grace of God King of Scottis To our Shref of Abirdene 
and his deputs greting Wit ye that forsamekle as (we) understand that 
oure louit Willzeame Gordoun fear of the lands of Johnis leyis within 
oure Shrefdome of Abirdene stands in continuale seruice to oure traist 
cousing and counsalour Alexander Erll of Huntlie now remanand with 
us in our daily seruice for the quhilk the said Willzeame may nocht keep 
our Shref courts of Abirdene nor gif sute and seruice in the samyn 
We haff thairfor of our speciale fauours and for the gud seruice 
done and to be done to us be our said cousing exemit and be thir oure 
letters speciale exemis the said Willzeame his seruand fra all the com- 
perance to our Shref Courts of Abirdene and fray all presence sute and 
seruice to be gewin be him in the samyn for his saids lands of Johnisleyis 
for the space of fiwe yers nixt to cum eftir the day of the date heirof and 
dischargs him of his presence sute and seruice aucht (for) his saids lands 
in the saids courts during the said space and dischargs him inlikwiss of 
all unlayis put one him or his saids lands for falte and sute or presence 
for the samyn in our said Shref Courts sen the fest of Mertymes last bipast 
be thir oure letters Oure will is heirfor and we charge you that ye and 
your deputs ceis fra all calling and unlawing of the said Willzeame for 
sute and presence or ony uthir seruice for his saids lands in oure said 
Shref Courts for the said space of five (years) nixt to cum and fra all 
poynding of him or his saids lands for ony unlawis thairof bigane sen the 
said last terme of Mertymes Dischargeing you and your deputs thairof 
and of your office in that pairt during the said space be thir our letters 
deliuering thame be you sene and understandin agane to the berrar 
Gewin undir our signete at Edinburgh the xxiij day of Fabruar and of 
our Regnne the xxi yeir 

(Entered Eo. die) 

James be the Grace of God King of Scottis To oure Schiref of 
Abirdene and his deputis greting Forsamekle as we understand that our 
louit Thomas Coupland of Udaucht is occupyit in continuale seruice with 
us and with oure weil belouit cousing and consaloure Alexander Erll of 
Huntlie for the quhilks he may nocht gudely cum to gif sute and presens 
for his lands of Udaucht in our Shref Courts of Abirdene We hawe 
heirfore exemit and be thir oure letters exemis the said Thomas fra all 
sute and seruice to be gewin be him for his saids lands in oure Shref 
Courts of Abirdene and fra you your office and Jurisdictioun in tym 
cuming during (our) Will be thir our letters Oure Will is heirfore and we 

105 



Aberdeenshire Sheriff Court : 

charge yow that ye and your deputs ceiss fra all journaing 1 and calling 
the said Thomas for ony sute and presence or ony uthir seruice quhat- 
sumeuer to be gewin for his saids lands in oure Shref Courts of Abirdene 
or to pass upone Inquests Assyis or uther vais in tym cuming or to 
unlaw him or his saids lands thairfor or to do ony thing incontrar this 
oure exemptioun in ony viss during all the tym thairof under all the hiest 
pane and charghe that eftir may follow Dischargeing you and your 
deputis of office in that parte be thir oure letters of exemptioun for our 
will to endure and ay and quhill we declaire our mynd to you in the 
contraire be oure speciale letters to be schewing thairapone Thir oure 
letters be you sene and understand deliuering thame agane to the berrar 
Gewin undir oure signete at Edinburgh the xiiij day of July and of oure 
Regnne the xx" ij yeire etc 

The Forest of Btrse 

In a case between Alexander Cumin of Cultyr and Thomas Cumin 
of the Hyrne, of which neither the beginning nor the end is reported, but 
from which it appears that Thomas Cumin was claiming, as against the 
laird of Cultyr, to be owner, by right conferred on him by his father, of a 
herd of wild horses in the Forest of Birse, the following evidence is found 
recorded, supplying a picture of the Forest and of the Mounth 400 
years ago. 

(13 April 1507) 

The said day Alexander Allane deponit be his aitht that he knew 
nocht gif the mers horss stags ande folis war givin to Thomas Cumin bot 
he herd say 2 that the said Thomas Cuminis fadir wauld haue gevin thame 
to him or he decesit 

Thomas Yuyll deponit be his aitht that (he) herd and was besid 
quhen William Cumin Thomas Cuminis fadir gef to the said Thomas the 
mers horss stags and folis befor or he decessit xx" yer 

Johnne Mostrop deponit be his aitht that he herd Thomas Cuminis 
fadir say that he suld gif the mers horss stags and folis to Thomas Cumin 
bot he was nocht besid quhen he gef thame him Nay watt nocht gif he 
gef thame to him 

1 This is the only instance found of the use of this word. The past participle is found in 
Jamieson, 1867 Ed., p. 299, and is said to mean summoned or cited to a court. A number of 
related words, signifying a day's work, a day's journey, &c., &c. will be found in D'Arnis' Late 
Latin Dictionary, 1866, pp. 1233-4. 

2 Hearsay evidence was quite commonly accepted apparently, 

1 06 



Diet Books: Vol. I., Brieves of Tutory 

Johnne Colisone in Cultir deponit be his aitht that he herd Thomas 
Cuminis fadir say that he vvald gif the mers horss stags and folis to the 
said Thomas hot he knavis nocht gif he gef thame to him 

Dauid Yuhne deponit be his aitht that William Cumin Thomas 
Cuminis fadir gef him ale the wild mers horss stags and folis that he hed 
into Birss to the takin Dauid Hunter kepit thame upone Thomas 
Cuminis behalf And the said Thomas gef him for the keping of thame 
ane couering of ane doublat of fustean and ane bonet Thomas Cumin in 
the mayntyme said ane horss to Wat Idill and tuk ky in pament of the 
said horss and sauld ane uther horss to Will Carnequhyne of the samyne 
stud and tuk scheip in pament 

Thomas Bisset deponit be his aitht that Williame Cumyn gaf to 
Thomas Cumin his sone ale his wilde horss and mers staggs and folis and 
ale thar profits quhilk ged in the Forest of Byrss and in the Monthe 
quhar thai ged and callit him witness tharto And he sawe thame nocht 
deliuerit to the said Thomas nor wist nocht deliuerit 



Brieves of Tutory 

(29 April 1505) 
Inquisitio tutorie Joannis Lyone 1 

(The Jury) 

Alexander Iruyne of Drum 
William Eraser of Phillortht 
Gilbert Hay of Ardendraugh Knight 
William Lesly of Balquhane 
George Leitht of Barnys 
Alexander Skene of that ilk 
Alexander Mortymer of Cragyver 
John Ross of Auchlossin 
Alexander Caldour of Sonnaherd 
John Gardyne of Lathers 
Thomas Burnat of Balmad 
Alexander Wyntone of Andait 
William Johnstone son and apparent heir of Alexander Johnstone of 

that ilk 

Henry Forbes of Kynnellour 
John Dawgarnow of Game Fintra 

I. John, Lord Glammys, had earlier on the same day been served heir to his brother, George, 
Lord Glammys, in the Barony of Belhelvie, and other heritable property in Aberdeenshire. 

107 



Aberdeenshire Sheriff Court: 

(The Verdict) 

lidem jurati dicunt quod Dauid Lyone est propinquior Agnatus id 
est consanguineus Johanni Lyone fratri et heredi quondam Georgei 
Lyone Domini de Glammys ex parte patris sui Et excessit etatem 
viginti quinque annorum Et est rei sue prouidus et potens cauere ydonei 
de administratione rei aliene Et non est propinquior successurus ipso 
Johanni si ipsus Johannes contigerit in fata decidere Datum et clausum 
etc 

(Procuratory by John Earl of Crawford) 

Be it kende tile ale men be thir present letters us Johne Erie of Crau- 
furde ande lorde Lindesay tile haue maid constitut and ordanit and be the 
tenor of this writ makis constitutis and ordanis our weile belovit cusings 
ande frendis Alexander Menzeis Robert Blinseile burges of Abirdene 
Master Hendrie Lindesay James Lindesay and Johne of Mar our werray 
lauchfule ande undoutit procuratours actours factours speceale messingers 
ande erande berrars giffande grantande ande commitande to our said 
procuratours and to ilk ane of thame coniunctlie and seueralie our fule 
plane pouer for and in hour (sic} naime and apoune our behalf to compeir 
in the Shref Court of Abirdene to be haldin in the tolbutht of the samyn 
the tuenty nynt day of the monetht of Aprile instant be Alexander 
Bannerman of Watertoune Shref deput of Abirdene and thair for us and 
apone our behalf to becum souerte or caucionar for Dauid Lione of 
Balmaudy to the said Shref deput touching the tutre of Johne Lord of 
Glammys that the mailis ande proffits of the saide lords blanchferme 
landis that the said Dauid intromettis witht as tutour of law to him salbe 
competabile and furthcumande to the said lordis use and proffit quhene 
he cumes tile his lauchfule aige as law wile Ande the saidis my procu- 
ratours or ony ane of thame tile hev pouer to binde for us to be ane of 
the souerties or caucionars in the premisses in cumpany with ane richt 
nobile man William Master of Erole Sir Alexander Guthre of that ilk 
Sir Gilbert Hay of Ardendraucht Sir Alexander Crawmonde of that ilk 
Knichts William Lyone of Estir Ogile and Waltir Wodt of Bonnytoun 
or any fif of thir coniunctly ferme ande stable haldande and for to hauld 
ale and quhatsumeuir things the saide my procuratours or ony ane of 
them coniunctlie and seueralie in the premisses in my naime leids to be 
done undir the Ipoteik and oblising of ale our guds present and for to 
cum In witness of the quhilks thing to thir present letters we haf affixit 
our seile at Downe togidder with our subscriptioun manuale the xxvij 
day of Aprile the yer of God Ane thousande fiwe hundretht and ft we 
yeris etc 

(Procuratory by Sir Alexander Guthrie of that Ilk) 
Be it kende tile ale men be thir present letters me Alexander 

1 08 



Diet Books: Vol. L, Brieves of Tutory 

Guthare of that Ilk Knycht tile haf maid constitut and ordanit Ande be 
the tenor of this writ maks constituts and ordanis our weile belowit 
frendis Andrew Strachachin James Lindesay Thome of Leslie Thome 
of Tullocht ande Thome Wode my veray lauchfule and undoutit 

procurators to become souerte or caucionar for Dauid 

Lione of Breky in cumpany of ane Richt nobile and 

mychty lorde Johne Erie of Craufurd Lord Lindesay William Master of 
Erole Sir Gilbert Hay of Ardendraucht Sir Alexander Crawmonde of 
that Ilk Knyts Waltir Wod in Bonytoune ande William Lione of Ester 

Ogile or only fif of thame under the Ipotheik and oblising 

of ale our gudis present and to cum In witnes of the quhilk thing be 
causs I hede nocht ane seile of my awin I haue procurit with instance 
the seile of ane honourabile man Sir Alexander Grammont of that Ilk 
togidder with the subscriptioun manuale of my hande at Brechin the 
xxvij day of this instant moneth of Aprile befor thir witnes Georg 
Guthari Rob of Guthare and Thome of Grammont the ycir of Gode ane 
thousand fiwe hundretht and five ycrs etc 

(The Bond of Caution for Tutors Intromissions) 
The saide day Dauy Lyone of Breky James Lindesay procuratour 
tile ane noble and michty lorde Johne Eric of Craufurd and Lord 
Lindesay and Thomas Wode procuratour to Sir Alexander Guthrie of 
that Ilk Williame Master of Eroll Gilbert Hay of Ardendraucht Knicht 
Alexander Crabmonde of that Ilk Knycht Patry Rede of Collistone and 
Williame Lyone of Estirogill bynd and oblist thame coniunctlie be the 
fathis of thar bodiis thar hands uphalding thar lands and guds tile 
Alexander Bannerman of Wattirtone Shref deput of Abirdene that the 
malys fermes ande profits of the blanch ferme lands liande within the 
Realme of Scotlande with the quhilks the said Dauy Lyon tutor and 
narrest cosing to Johne Lyone Lorde Glammys happenis to intromet 
salbe responsale and competebile to the said Jonhne Lyone Lord and 
furthcumande eftir the law of Scotlande quhene euir he cumis to perfit 
age Ande the said Dauy Lyone oblist him his ayrs executors and 
assignes be the fathis of thar bodiis thar lands and guds to freithe 
releiwe and keipe the saide lords Knichts and personis skaithles of the 
said caucioun and souerte but fraude or gile 



(u January 1507-8.) 
(Tutory of Marion Reid daughter of Alexander Reid of Pitfodels) 

Assisa super deseruicione breuis tutorie Mariote Reid Willelmus 
Frasar de Phillortht Miles Johannes Forbes de Petslego Georgeus 
Gordone de Abirzeldy Walterus Berclay de Towy Willelmus Craufurd 

109 



Aberdeenshire Sheriff Court : 

de Federay Willelmus Turing de Fouern Thomas Frasser de Stanewod 
Johannes Ross de Auchlossin Johannes Troup de Commolegy Henricus 
Forbes de Kynnellour Alexander Caldour de Sonnaherd Patricius 
Steuart de Latheris Walterus Innes de Touchis Willelmus Blakhall de 
Barrauch de Bourty Willelmus King de Bourty 

The said day Margret Craufurd the relict of umquhile Alexander 
Rede of Petfoddellis and hir forspekaris producit the testment of the said 
Alexanderis befor the said Assiss sayand ego lego Mariotam Reid filiam 
meam et heredem cum bonis suis Margarete Crafurd matri sue cum 
adiutorio Domini Johannis Reid inforsing the said termes offering thame 
to preiwe witht the witnes and him that wrait the testment that the said 
Alexander left his said wif tutor testamentale to the said Marioun his 
douchter for the quhilks the assiss forsaid referrit to my Lord of Abirdene 
and the spirituale court to knavve apoun the tutor testamentale becaus it 
pertenis to his iurisdictioun For the quhilks thai can nocht proced in 
the seruing of the said breiwe quhile the said dout be removit 



Appointments of Court Officials 

(i October 1504) 

Eodem die Johannes Bannerman electus fuit marus deputatus per 
vicecomitem deputatum prestito solito juramento 

(13 April 1507) 

Eodem die Alexander Knicht electus et constitutus fuit clericus 
diet! vicecomitatus prestito solito juramento 

(5 October 1507) 
Eodem die Walterus Murray juratus fuit judicator curie 

(Eo. die) 

Eodem die Alexander Knicht et Johannes Watsone electi fuerunt 
in officium clerici vicecomitatus de Abirdene prestitis solitis juramentis 

(30 October 1 507) 
Eodem die Andreas Sellar juratus fuit judicator curie 

(3 October 1508) 
Robertus Mure juratus judicator curie 

(Eo. die) 

Eodem die nobilis prepotens et magnificus Dominus Johannes Comes 
Craufurdie ac vicecomes de Abirdene fecit constituit creauit et nominauit 
honorabiles viros Gilbertum Menzheis de Petfodellis et Johannem Mar 
suos legittimos et indubitatos vicecomites deputatos dicti vicecomitatus de 
Abirdene dan et conceden eisdem ac eorum alteri coniunctim et diuisim 

no 



Diet Books : Vol. L, Court Officials 

nostram plenariam potestatem ac mandatum speciale pro nobis et 
nomine nostro curias nostras dicti vicecomitatus inchoandi tenendi et 
dilinquendos amerciandi etc breuia capelle regie exceptandi proclamare 
faciendi debitam execucionem mandandi ceteraque omnia et singula 
faciendi gerendi et exercendi in premissis que de Jure aut consuetudine 
pertinere dinoscuntur in uberiori forma qua fieri poterit promitten ratum 
et gratum firmum et stabile se haben 

(6 April 1510) 

Eodem die Magister Thomas Gourlay constitutuS fuit clericus vice- 
comitatus de Abirdene prestito solito juramento 

(25 May 1510) 

Eodem die Robertus Huchonesoun electus fuit clericus vicecomitatus 
de Aberdene prestito solito juramento 

(13 March 1510-11) 

Eodem die dictus Dominus Vicecomes [William Earl of Erroll] fecit 
constituit creauit et nominauit tenoreque presentis acti facit constituit 
creat nominat et ordinat honorabilem virum Gilbertum Menzeis 
prepositum burgi de Abirdene suum verum et indubitatum vicecomitem 
deputatum eiusdem vicecomitatus dan et conceden eidem suam plenariam 
et legittimam potestatem mandatumque speciale curias assignandi 
inchoandi et tenendi toties quoties opus fuerit sectas vocandi trans- 
gressores puniendi amerciamenta curie leuandi breiua ac alias literas 
quascumque proclamandi Ceteraque omnia singula faciendi et exercendi 
in premissis que ad hunc officium de jure spectant Promitten se ratum 
gratum habendum et habiturum totum et quicquid dictus suus deputatus 
in premissis nomine suo duxerit faciendum prestito solito juramento 
indurante voluntate dicti domini 

(Eo. die) 

Eodem die dictus Dominus Vicecomes fecit constituit et creauit 
Willelmum Scrimgeour marum deputatum dicti vicecomitatus dan et 
conceden eidem suam integram et legittimam potestatem ad exercendum 
officium hunc mari deputati prestito solito juramento 

(29 April 1511) 

Eodem die dictus Dominus Comes de Erole ac Vicecomes de 
Abirdene fecit constituit creauit et nominauit tenoreque presentis acti 
facit constituit creat nominat et ordinat honorabilem virum Alexandrum 
Bannerman de Wattertoun suum verum legittimum et indubitabilem vice- 
comitem deputatum eiusdem vicecomitatus dan et conceden eidem suam 
plenariam et legittimam potestatem mandatumque speciale curias assign- 
andi inchoandi et tenendi toties quoties opus fuerit sectas vocandi 
transgressores puniendi amerciamenta curie leuandi breuia et alias literas 



Aberdeenshire Sheriff Court: 

quascumque proclamandi ceteraque omnia et singula faciendi et exercendi 
in premissis que ad hunc officium de jure spectant promitten se ratum 
firmum et stabile haben et habiturum totum et quicquid dictus suus 
deputatus in premissis nomine suo duxerit faciendum prestito solito 
juramento 

(Eo. die) 

Eodem die dictus Vicecomes principalis fecit constituit creauit et 
nominauit Walterum Masone Johannem Murray et Andream Watsone 
coniunctim et diuisim maros generales vicecomitatus de Abirdene prestito 
solito juramento indurante sua voluntate. 

(9 May 1511) 

Eodem die prefatus Dominus Vicecomes fecit constituit creauit et 
nominauit Johannem Mar suum legittimum vicecomitem deputatum 
dan et conceden eidem suam legittimam potestatem ad faciendum 
et exercendum omnia et singula dicto vicecomiti incumben et suo officio 
promisitque de rato et grato cum ceteris termis et clausulis necessariis 
et oportunis 

Special Services" 

(29 April 1505) 

Inquisicio Johannis Forbes de Petslego 

Inquisicio facta apud burgum de Abirdene penultimo die mensis 
Aprilis anno domini millesimo quingentesimo quinto coram honorabili 
viro Alexandra Bannerman de Watertoun vicecomitis deputato de Abir- 
dene in pretorio burgi de Abirdene in curia vicecomitis eiusdem pro 
tribunali sedente per subscriptos videlicet Alexandrum Iruyn de Drum 
Willelmum Fraser de Phillortht Gilbertum Hay de Ardenderaugh milites 
Willelmum Lesly de Balquhane Georgium Leitht de Barnys Alexan- 
drum Skene de eodem Alexandrum Mortymer de Cragyver Johannem 
Ross de Auchlossin Alexandrum Caldour de Sonnaherd Johannem Gar- 
dyne de Lathers Thomam Burnat de Balmad Alexandrum Wyntoune de 
Andait Willelmum Johnstoun filium et heredem apparentem Alexandri 
Johnstone de eodem Henricum Forbes de Kynnellour et Johannem 
Dawgarnow of Garine Fintra Qui jurati dicunt quod quondam Alexan- 
der Forbes de Kynnaldy pater Johannis Forbes latoris presencium obiit 
ultimo vestitus et sasitus ut de feodo ad pacem et fidcm domini nostri 
Regis de terris baronie de Kynnaldy cum suis pertinenciis jacentibus 
infra dictum vicecomitatum Et quod dictus Johannes est legitimus et 
propinquior heres dicti quondam Alexandri patris sui de dictis terris 
baronie de Kynnaldy cum suis pertinenciis Et quod est legitime etatis 

I It is believed that this and the following Services have not hitherto been printed. 



Diet Books: Vol. L, Special Services 

Et quod'dicte terre hujusmodi baronie valent nunc per annum quadraginta 
libras et valuerunt triginta libras tempore pads Et quod dicte terre 
tenentur in capite de Suppremo domino nostro Rege per seruicium 
warde et releuii Et nunc existunt in manibus dicti domini nostri Regis 
legitime et per seipsum per spacium nouem annorum aut eocirca ratione 
warde per decessum dicti quondam Alexandri patris sui Datum et 
clausum 

(13 January 1505-6) 
Inquisicio Willelmi Forbes de Towys 

Jurati dicunt quod quondam Duncanus Forbes de 

Towys pater Willelmi Forbes de Towys latoris presencium obiit ultimo 
vestitus et sasitus ut de feodo ad pacem et fidem domini nostri Regis de 
terris de Broddye cum suis pertinenciis jacentibus in baronia de Kyn- 
nardy infra dictum vicecomitatum Et quod dictus Willelmus est 
legitimus et propinquior heres dicti quondam Duncani patris sui de 
dictis terris cum pertinenciis Et quod est legitime etatis Et quod dicte 
terre cum pertinenciis valent nunc per annum quinque libras et valuerunt 
quadraginta solidos tempore pads Et quod tenentur in capite de domino 
de Kynnardy in albafirma Reddendo unum denarium argenti annuatim 
Et quod dicte terre nunc existunt in manibus dicti domini de Kynnardy 
legitime et per seipsum per decessum quondam Elizibeth Crichtone 
relicte quondam dicti Duncani coniunctam infeodacionem earundem 
habentis a festo natiuitatis beatissime virginis Marie datam presencium 
immediate precedentis in defectu veri heredis jus suum hucusque minime 
prosequentis 

(Eo. die) 
Inquisicio Johannis Gordone 

Jurati dicunt quod quondam Johannes Gordone de 

Lunger pater Johannis Gordone latoris presencium obiit . . . de 
terris duabus partibus terrarum de Unnerauchsuanly et de duabus 
partibus de Carneargat Et de omnibus et singulis terris de Westircando- 
park Et de dimidietate terrarum de Newbiggine cum pertinenciis 
jacentibus in dauata de Auchsuanly et dominio de Strabogy Et de 
dimidietate omnium et singularum terrarum ville de Chapeltoun de 
Scheves 1 cum pertinenciis jacentibus in baronia de Scheves et de terris 
de Auchluchre 2 cum pertinenciis Et de terris de Bachmago cum pertin- 
enciis jacentibus in dicta baronia de Scheves infra dictum vicecomitatum 

1 Gordone seems to have sold these lands to the superior, Patrick Gordon of Methlick, in 
1512 (Ant. A. & B. III. 70). 

2 John Gordon of Auchluchry is mentioned in the Acta Dominorum Auditorum in 1493, 
p. 172. 

P 113 



Aberdeenshire Sheriff Court: 

Et quod dictus Johannes est legitimus et propinquior heres eiusdem 
quondam Johannis patris sui de dictis terris cum pertinenciis Et quod 
est legitime etatis Et quod dicte terre duarum partium de Unnerauch- 
suanly et duarum partium de Carnargat valent nunc per annum tres 
libras et valuerunt duas marcas tempore pacis Et quod dicte terre 
de Westircandoupark et dimidietas terrarum de Newbiggin cum 
pertinenciis valent nunc per annum quinque marcas et valuerunt tri- 
ginta solidos tempore pacis Et quod dicta dimidietas terrarum Wille 
de Chapeltone de Scheues cum pertinenciis valet nunc per annum 
quinque marcas et valuit triginta solidos tempore pacis Et quod dicte 
terre de Auchluchre cum pertinenciis valent nunc per annum viginti 
marcas et valuerunt quatuor libras tempore pacis Et quod dicte terre 
de Bachmago cum pertinenciis valent nunc per annum duodecim marcas 
et valuerunt quatuor marcas tempore pacis Et quod dicte due partes 
terrarum de Unnerauchsuanly et Carnargat ac terre de Westircandopark 
et dimidietas terrarum de Newbiggin cum pertinenciis tenentur in capite 
de Roberto Caldour de Auchsuanly in albafirma per seruicium duorum 
denariorum usualis monete scotie annuatim Et quod dicta dimidietas 
terrarum de Chapeltoun de Scheves cum pertinenciis tenetur in capite 
de Patricio Gordone de Methlik in albafirma reddendo inde annuatim 
unum denarium usualis monete scotie Et quod dicte terre de Auch- 
luchre cum pertinenciis tenentur in capite de domino de Ardendraugh 
per seruicium warde et releuii debitum et consuetum Et quod dicte 
terre de Bachmago cum pertinenciis tenentur in capite de barone de 
Scheves per seruicium warde et Releuii debitum et consuetum Et quod 
omnes dicte terre cum suis pertinenciis nunc existunt in manibus 
dictorum dominorum superiorum suorum per decessum dicti quondam 
Johannis legitime per spatium trium mensium aut eocirca in defectu veri 
heredis jus suum hucusque minime prosequentis Datum et clausum etc 

(15 March 1506-7) 
Inquisicio Thome Alex r sone 

Inquisicio facta apud burgum de Abirdene per 

subscriptos viz Willelmum Eraser de Phillortht Gilbertum Hay de 
Ardendraugh Alexandrum Keitht de Ithe milites Willelmum Gordoune 
de Scheues Willelmum Hay de Ury Willelmum Craufurd de Federay 
Willelmum Lesly de Balquhane Walterum Berclay de Towy Willelmum 
Turing de Fouerne Andream Tulideff de eodem Jacobum Chene de 
Straloch Willelmum Blakhall de eodem Thomam Craufurd filium et 
heredem apparentem Willelmi Craufurd de Federay Willelmum Blakhale 
de Barrauch de Bourty et Ranaldum Oudny filium et heredem apparen- 
tem Willelmi Oudny de eodem Qui jurati dicunt quod quondam Cristina 

114 



Diet Books: Vol. I., Special Services 

Roger proauia Thome Alex r sone latoris presencium obiit vestita et sasita 
seel non ultimo ut de feodo ad pacem et fidem domini nostri regis de 
terris de Abirzeldy cum suis pertinenciis jacentibus infra dictum vicecomi- 
tatum Et quod dictus Thomas est legitimus et propinquior heres dicte 
quondam Cristine proauie sue Et quod est legitime etatis Et quod dicte 
terre cum pertinenciis fuerint in manibus suppremi domini nostri regis 
et quondam Alexandri Gordone de Mydmar militis per spacium octaginta 
annorum aut eocirca Et quod nunc existunt in manibus Georgei Gordone 
filii et heredis dicti quondam Alexandri Gordone militis Datum et 
clausum sub sigillo officii dicti vicecomitis deputati et sigillis quorundem 
eorum qui huic inquiscioni intererant faciendum anno die mense et loco 
prenotatis 

(5 June 1507) 

Gilbertus Hay de Ardendracht miles Walterus Berclay de Towy 
Willelmus Crafurd de Federay Willelmus Turing de Foverne Alexander 
Caldour de Sonaherd Willelmus Blakhal de eodem Duncanus Strachachin 
de Glenkyndy disserunt Alexander Skene de eodem Johannes Gardin de 
Durlathers Willelmus Urry de Petfeche Thomas Fraser de Stanevod 
Patricius Stevart de Lathers Alexander Coupland de Udauche Robertus 
Burnat de Balmad Johannes Dalgarnovv de Dalgarnoy Fintray Alex- 
ander Cumyn de Culter et Ranaldus Oudny Jurati primi septem dicunt 
ut in retornato precedente de terris de Abirzedy etc Et quod dicte terre 
valent nunc per annum xx lib et valuerunt x lib tempore pacis Et quod 
tenentur de suppremo domino nostro Rege Comite de Mar per seruicium 
warde et reliuii etc Et alii decem jurati dicunt quod nesciunt talem 
mulierem Cristinam Roger neque de aliquibus terris in quibus obiit 
non viderunt cartam neque literam suam seu alia documenta etc 1 

(29 July 1507) 

Inquisicio Elizabeth Berclay relicte domini de Fivy 

The said day the said Inquest fand ande deliuerit that Elizibeth 

Berclay the relict of umquhile Williame Meldrum of Fivy aucht tile haue 

ane resonabile terce of the half of the lands of the Barony of Formartyne 

and of the lands of tovn of Fivy 2 ande of the lands of the Manys of 

1 These two entries seem to point to a disputed and unsuccessful claim by Cristina Roger's 
great-grandson to the lands of Abergeldy, and this is confirmed by the fact that on 2nd March, 
1505-6 a transumpt was made at the instance of the King's Advocate of a charter of the lands 
granted in 1358 by the Earl of Marr to Duncan, the son of Roger (Ant. A. & 1 B. IV. 715 and 
Note). 

2 By procuratory of Resignation dated 22 August, 1502, William Meldrum resigned the 
lands of Fyvie in favour of his son, George, reserving his own Hferent and the reasonable terce of 
his wife, Elizabeth Berclay (Ant. A. &* B. II. 332), following upon which George obtained Royal 
Charter dated 30 January, 1502-3 (Ibid. I. 503). 



Aberdcenshire Sheriff Court: 

Banchquhory ande the fischings of the samyne ande of the lands of 
Auchneive and Ordyfork ande ane resonabill terce of the nynt fisch of 
the water of Ithane Ande the terce of ane quarter of the lands of Clayhills 
ande of the Aillhouss of Ellane toft and croft of the samyne ande of the 
Tempill lands of Auld Bourty Alsua the said Elizabeth aucht tile haue 
ane resonabill terce of the lands of Tulynabo Carnequhyne Ramoir ande 
Caterloche gif it be reseruit tile hir in the infeftment and charter maid of 
the samyne lands tile Alexander Meldrum his said infeftment being kepit 
to him ande gif thar be na terce reseruit scho sail haue ane resonabile of 
the saids lands eftir the decess of the said Alexander 

(Eo. die) 
Inquisicio George! Meldrum de Fyvy 

(List of Jury.) Jurati dicunt quod quondam Willelmus Meldrum de 
Fivy pater Georgei Meldrum latoris presencium obiit . . . de terris 
de Tulinabo Carnequhyne Romoir et Cattirloch cum suis pertinenciis 
jacentibus in baronia de Tuliboy Et de noueno pisce aque de Ythane 
cum suis pertinenciis jacentibus infra dictum vicecomitatum Et quod 
dictus Georgius est legitimus et propinquior heres died quondam Willelmi 
patris sui de dictis terris et piscibus cum pertinenciis Et quod est legitime 
etatis Et quod dicte terre de Tulynabo Carnequhyne Romoir et Cattir- 
loch 1 valent nunc per annum septemdecim marcas et valuerunt decim 
marcas tempore pacis Et quod dictus nouenus piscis valet nunc per 
annum decim marcas et valuit quatuor libras tempore pacis Et quod dicte 
terre cum pertinenciis tenentur in capite de domino de Litile Cultir et 
Tulybo in alba firma reddendo annuatim unum denarium argenti aut par 
cirochtherarum albarum ad festum pentecostis nomine albe firme Et quod 
dictus nouenus picis tenetur in capite de suppremo domino nostro rege 
per seruicium warde et reliuii debitum et consuetum Et quod dicte terre 
cum pertinenciis nunc existunt in manibus died domini de Litile Cultir 
et Tuliboy per decessum dicti quondam Willelmi patris sui qui obiit 
feria tercia post festum sancte trinitatis datum presencium immediate 
precedens Et quod dictus piscis nouenus cum pertinenciis nunc existit 
in manibus domini nostri regis per idem spacium ob decessum dicti 
quondam Willelmi patris sui in defectu veri heredis jus suum hucusque 
nunc prosequendi Datum etc 

(2 May 1508) 
Inquisicio Domini de Ogiluy 

. . . . Jurati dicunt quod quondam Jacobus Dominus Ogiluy 
de Errly auus Jacobi Domini de Ogiluy latoris presencium obiit . . . 

I Frequent references to these lands will be found in the Ant. A. & B. 

116 



Diet Books: Vol. L, Court of the Dawane 

de omnibus et singulis terris de Auld Mydmar et Kynnerny cum suis 
pertinenciis excepta una marca ville de Kynnerny jacentibus in baronia 
de Mydmar . . . . Et quod dicte terre valent nunc per annum 
decim libras et valuerunt quinque libras tempore pacis et quod tenentur 
in capite de domino de Mydmar in alba firma reddendo inde annuatim 
unum denarium nomine albe firme ad festum pentecostes si petitur Et 
nunc existunt in manibus dicti domini de Mydmar .... per 
spacium trium annorum cum dimidio aut eo circa . . . 

3 October 1508) 
Inquisicio Johannis Cardny 

Inquisicio facta . . . Coram nobili ac potenti domino Johanne 
Comite de Craufurdie domino Lindesay etc . . . per subscriptos 
. . . . Qui jurati dicunt quod quondam Alexander Cardny pater 
Johannis Cardny latoris presencium obiit ultimo vestitus . . . de 
totis et integris terris ville de Rouchtireicht cum suis pertinenciis exceptis 
et reseruatis terris de Brunehill et Wachindaill cum suis pertinenciis 
jacentibus in dominio de Eicht 

(Present value 5 M Old value 303 In hands of superior the Laird 
of Echt 1 6 months Holding blench for id yearly) 

(9 April 1510) 
Inquisicio Gilbert Waus de Many 

lidem jurati dicunt quod quondam Gilbertus Waus de Many auus 
Gilbert! Waus latoris presencium obiit ultimo vestitus . . . de terris 
de Many . . et de terris de Estir Rowen 

(Present value of Many 20 M 

Old value 10 M 

Present value of Rowen .10 

Old value 4 

Held of Crown for ward and relief 

In hands of Crown 8 years by death of ancestor) 

The Court of the Dawane 1 

(6 October 1506) 

The said day the Shreff Assignit in the nixt Shreff Court to be 
haldin within the tolbutht of Abirdene the xxvii day of October instant 
to Johnne of Cowtis to prewe sufficiently that he fred and relevit Johnne 
Gillespy of his borrowgang in Sir Johnne Formannis Court of the 
Dawane befor Johnne of Crichtone his bailze 

I It has been thought worth while to reproduce this glimpse of the proceedings in a Laird's 
Court in Cromar. 

117 



Aberdeenshire Sheriff Court 

(Eo. die) 

The said day Thomas Bisset Mair of fee of the said Shrefdome at 
command of the Shref lauchfully summond warnit and chargit Johnne 
Crichtoun in plane court to compeir befor the said Shref or his deputs ane 
or may in the Shref Court to be haldin the xxvii day of October instant 
and to bring him his process of the Court anent the away takin of tua 
oxin fra Johnne Gillespy 

(27 October 1506) 
Deposiciones testium Johannis Couts 

The said day Johnne Richerdsone deponit be his aitht that he sawe 
Thomas Gillespy entir Johnne Couts in Sir Johnne Formanis Court 
haldin one Mertimes evin be Johnne Crichtoun bailze to the said Sir 
Johnne Forman and askit his fadir to be fred of his borrowis And the 
said Johnne Couts askit ane mane to spek for him and the said Johnne 
Crichtoun bailze granted him a mane to spek for him the said forspekar 
askit ane lauchfull day becaus he was nocht warnit lauchfully and askit 
ward of the court tharupone quhilk bailze refert the samyne to the ward 
of ane assiss and the said assiss fand that he suld haue ane lauchfull day 
and quhat was done thareftir he knavis nocht 

Johnne Donaldsone concordis witht the said Johnne Richerdsonnis 
deposicione in ale things 

Thomas at the Myle of Westoun deponit be his aitht that he saw 
Thome Gillespy entir Johnne Couts in Sir Johnne Formanis Court befor 
Johnne Crichtoun bailze to the said Sir Johnne and askit his fadir to be 
fred of his borrowgang And the said Johnne Crichtoun said he knev 
him nocht 

Johnne Adamsone concordis in ale things witht the said Johnne 
Richerdsonnis deposicioun 

Farquhar in Grody concordis in ale things witht the said Johnne 
Richerdsonnis deposicioun 

Johnne Kew deponit be his aitht that he saw Johnne Couts compeir 
in the said Sir Johnne Formanis Court befor Johnne Crichtoun his bailze 
bot he tuk him nocht to undirly the law that day 



118 



The Diet Books : Vol. H, 1557-60 

What is bound up under this title is obviously merely the salvage 
from the wreck of the original volume. The earliest date found is May 26 
1556 and the latest June or July 1560, but the scattered leaves have been 
in some instances inverted and in others bound out of date. In the 
subjoined Table of Contents the entries appear in the sequence in 
which they are actually found. The sederunts of most of the Head 
Courts are wanting and some are represented by fragments only, much 
of the writing is covered by tissue paper and a good deal of it is quite 
illegible. Still there is much that can be deciphered and it is quite 
plain that the procedure, although it cannot be altogether followed, had 
undergone a great change since the early part of the century. The 
influence and power of the Court of Session was making itself felt and 
litigants were availing themselves of the opportunity which it afforded of 
purchasing letters of ad vocation, for the purpose of securing a fairer trial 
or perhaps of adding to the laws delay, as the case might be. 

The almost entire absence from this volume of cautionary obliga- 
tions to enter accused persons for trial, Lawborrows and such like, 
suggests that already these were being recorded in another book, similar 
to those, a series of which under the title of Books of Judicial Enactments 
are found half a century later. There is only one signature that of 
Gilbert Menzies on May 4th 1559 in the volume. The general appear- 
ance of the entries suggests that they are a transcript of rougher 
memoranda made in Court 

Historically the entries in this volume began to be penned when the 
French marriage of Queen Mary was about to take place, and in point of 
fact it contains a fragment of Royal Letters regarding the raising of 
money to defray the expenses of the wedding. 

The reign of Francis and Mary began in April 1558, Queen 
Elizabeth succeeded to the English throne in November of the same 

119 



Aberdeenshire Sheriff Court 

year, and when the book closes the Reformation was on the point of 
becoming in Scotland an accomplished fact. 

Naturally there is no reference to these great public events in the 
Court record (beyond the matter of the marriage expenses) but there is 
a certain interest in recalling what was passing in the great world, when 
within their little circle the Sheriff Clerk and his assistants were faithfully 
recording the doings of their Court de die in diem. 



120 



Table of Contents of Vol. H. of Diet Books 



Date. 

Before 
1 1 Jany. 
1557-8. 



Nature of Entry. 
Special Service. 

Special Service. 



Special Service. 
Jany. n. General Service. 



Parties. 

Thomas Idill son of Wil- 
liam Idill. 



Isobelle Rethe one of two 
nieces of Sir David 
Reith of Nether Corskie. 



Jonet Rethe. 



Service. Terce. 



Procuratory. 



Subject or Res Gestae. 

Eight bovates of the Lands of 
Auld Leslie, Regalitie of 
Garioch. 

Lands of Nether Corskie and 
Mill of the same, with Mul- 
turesofAuchtquhayht,Glak, 
Upper and Nether Corskie 
and Easter Echt, Barony of 
Stonywood. 



Do. 



do. 



List of Jury on the Inquest 
next following. 



John Charteris of Kin- To his father John Charteris 
fauns. of Kinfauns. 

Thomas Menzeis of Pet- 

foddellis. 

John Forbes of Brux. 
Alexr. Tulidef of Ranes- 

toun. 
John Mortymer of Cragy- 

war. 

Alexr. BurnetofCragmyll. 
Robert Cultis of Auchter- 

coull. 

Alexr. Chalmer of Cultis. 
Alexr. Leslie of Wardres. 
William Forbes of Barnis. 
James Irwin of Petmorkye. 
Mr. James Stevin. 
Mr. George Forbes. 
Patrick Leyth of Crano. 
James King of Barraucht. 
Alexr. Huntar of Tulehe- 

tillis. 



Marjorie Forbes Widow 
of Thomas Drumbreck 
of that Ilk. 



John Charteris 
fauns. 



of Kin- 



Her Terce of the Lands of 
Drumbreck. 



Appoints Maister Robert 
Lumsden, Maister Johne 
Kennedy, Alexr. Paip and 
Peter (illegible) his Procura- 
tors in action against Patrick 
Forbes of Corsky and all his 
other actions. 



121 



Aberdeenshire Sheriff Court: 



Date. 



Nature of Entry. 



Parties. 



Subject or Res Gestae. 



1557-8. Protestations. 
Jany. II. 



Alexr. Burnet and John Cross protestations in connec- 



Charteris. 



tion with foregoing service, 
in regard to its effects on 
the parties rights in the 
lands and Superiority of 
Lumphanan. 



Protestations. 



Maister Alexr. Forbes. 



Protest that what has been 
done in the Service of Alexr. 
Forbes as heir to Wm. 
Forbes of Thanestoun his 
father in the lands of Kynel- 
lar be not prejudicial to his 
mother's rights. 



Protestations. 



Maister Thomas Annand The Bishop, as Tutor Testa- 



Procurator for Robert 
Bishop of Orknay. 



mentar of Margaret and 
Katherine Drumbreck ob- 
jects to the foregoing Service 
of Marjorie Forbes, as Lady 
Tercer so far as it may 
embrace Miltown and New- 
lands of Drumbreck, and 
Alexr. Bannerman of Wal- 
toun is Cautioner for the 
Bishop that he will hold 
firm and sure what his 
procurator does. 



12. Loosing of Arrestment. Mr Matthew Lumsden. 



Mr. Lumsden consents to 
loosing of arrestment of the 
corns &c. upon two hold- 
ings of Carnavarin, in so far 
as is necessary for food and 
laboring of the ground. 



Refusal to act as Procu- Mr Robert Lumsden. 
rator. 



Andro Wod of Colpnay re- 
quires Mr. Lumsden as 
Bailze of the Barony of 
Belhelvie belonging to his 
over lord, Lord Glammis, to 
act for him, in an action 
with Johnne Wod of Bal- 
begno ; but Lumsden refuses. 



Procuratory. 



John Mortymer of 
Cragewar. 



Appoints James King of Bourty 
David Mar and Williame 
Mortymer conjunctly and 
severally to act for him 
against Johnne Mortymer in 
Autjuhortes and all other 
actions. 



122 



Diet Books: Vol. H, Contents 



Date. 

1557-8. 
Febry. I. 



Nature of Entry. 
Sentence of Fine on Wit- 



Letters of Advocation. 



Parties. 

Patrik Pakistoun at the 
Myln of Bodume, David 
Name in Wranghame, 
Michael Leslie at the 
Myln of Wilzemstoun 
and others. 

Alex. Leslie of Wardes. 



Subject or Res Gestat, 

Fined ^4 each for non atten- 
dance as witnesses in an 
action between Johnne Gar- 
dyne and George Name and 
ordained to be cited of new 
under pane of 10. 

A Fragment of Letters of 
Advocation. Reference is 
made to proceedings in 1556, 
when Leslie was assignee of 
Robert Carnegie of Kynnard, 
who was donator to the 
nonentries, " fermes pro- 
fittis and dewties" of the 
"Burrow Lands of Inver- 



A Notarial 
(part of). 



Instrument 



Alexander Fraser and 
Katherine Menzies. 



Fragment of a Notarial Instru- 
ment in which occur the 
words " elegit unum bouem 
nigri coloris ly hummyll vul- 
gariter the sesing ox pretium 
quatuor librarum usualis 
monete regni Scotie." 1 The 
Lands referred to are 
Kinglasser and Mill of 
Phillorth. 

Action of Cognition and William Earl Marischal Fragmentary. A Dispute 
Letters of Advocation. and Andrew Mastir of about the marches of the 

Erroll. Earl's lands of Invernettie. 



'557- Letters of Advocation. 
Novr. 19. 



Action of Cognition. 



1 557-8. Action of Spuilzie. 
Febry. 12. 



I. Action of Cognition. 



George Ilalyburtoun of 
Petcur and Maister 
James Halyburton his 
curator v. George Bar- 
clayof Grantullie and Sir 
Walter Ogilvie of Boy ne. 

Grantullie with Ogilvie 
and Mr Alexr Barclay 
his Curators v. Petcur 
and his Curator. 

James Gordoun in Easter 
Migvie v. George Forbes 
son of Umqll. Alex. 
Forbes in Easter Migvie. 

Lairds of Fyvie Tolquhone 
and Scheves. 



Dispute about the marches of 
Lands of Sleoch. 



Letters of Advocation pre- 
sented, and proceedings 
stayed. 



Incomplete. Court held at 
Standing Stones of Huntlie. 



Continued to i/th Febry. 



I An early reference to the black polled cattle for which the County of Aberdeen has become 
famous : but what would a modern breeder say to the price, viz., 6/8 sterling? 



123 



Aberdeenshire Sheriff Court : 



Date. 



Nature of Entry. 



1557-8. Procuratory. 
Febry. I. 



3. Cognition. 



5. Procuratory. 

Procuratory. 
Procuratory. 

Spuilzie. 



1556. List of Jury on two 
May 26. lowing Inquests. 



fol- 



Parties. 

John Straquhyne of 
Thorntoun. 



Andro Wod of Colpnay v. 
John Wod of Balbegno. 



Alex. Lyell Burrow Mais- 
ter (Burgomaster) of 
Elsenevir (Elsinore). 

John Fresser. 
James Leslie. 



Alexr. Lyell and his 
procurators v. Alexr. 
Joffray, John Fresser. 
John Swoillis and 
John Buchart 



Patrick Mowatt of Boqu- 

holle. 
James Dempstar of Ouch- 

terless. 
George Creychtoun of 

Litil Forg. 
John Grant of Ballindal- 

locht. 

Patrick Grant of Dalway. 
Alexander Con of Auchry. 
Ferquhar Gibsoun of 

Innercabok. 

James Grant in Moir Inshe. 
John M'Gillemory in 

Tuichley. 
Gilbert Tailzour in Knach- 

nalagan. 
Thomas Allardes in Cam- 

maloun. 
George Grant in Fynne- 

ressie. 
Thomas Con son of Con 

of Auchry. 
Alexander Troup. 



Subject or Res Gestae. 

Appoints Johnne Straquhyne 
of Wysniestoun, Johnne 
Straquhyne of Tillieverd 
and Maister Robert Lums- 
den, in action against 
Beatrix Dunbar and all 
other actions. 

Marches between Colpnay 
and Uner Blairtoun. Mr. 
Robert Lumsden appears 
for Balbegno, after which 
there was a judicial reference 
or submission of the dispute. 

Appoints procurators to pursue 
Alexr. Joffray Johne Fresser. 
and others. 

Do. against Alex. Lyell. 

Requires Mr. Robt. Lumsden 
to act for him and Lyell, 
but Lumsden refuses. 

This and the three preceding 
entries refer to the spoliation 
of the hull of Lyell's ship 
called the "Reisbark" in 
1545 and for damages. 
Various pleas stated, wit- 
nesses produced and con- 
tinued to 1 2th Febry. for 
farther evidence. 



124 



Diet Books: Vol. II., Contents 

Date. Nature of Entry. Parties. 



Subject or Res Gestae. 



1556. Special Service. 
May 26. 



Katherine M'Kalloine one The two Innerernans and 
of the two sisters of John Edinglassie in the County 
M'Kalloine. of Mar. 



Special Service. Marourie M'Kalloine. Do. Do. 

Note. Both inserted here 
out of date, possibly be- 
cause the Court was held at 
the Market Cross of Turriff 
and not timeously reported 
by the special depute ap- 
pointed by Lord Huntly, 
the Sheriff Principal. 

'557 - 8. Action anent Terce and John Straquhyne of Continued to next day in the 
Febry. 17. of Cognition. Thornetoun and Len- Bishop's Hall, Old Aber- 

turk v. Beatrix Dunbar. deen. One of the sitting 
Sheriff deputes was Lord 
George Gordoun. 



15- 



Action for payment. 
(Incomplete. ) 

Action of Violent Occu- 
pation and Removing. 



Loke Williamson v. T. . I4d. 
John Uiss.it Mair deput. 


Alexr. Leslie of Wardres In consequence of the pro- 

v. William Badzenocht. duction of Royal Letters 

and other occupiers of dated 8th Febry. procedure 

Ruids of Land at In- suspended until loth March. 



A Jury List. Win. Settounof Meldrum. 

\Vm.Auchinlek of Schethin. 
Win. Leslie of Wardreis. 
Thomas Meldrum of Eden. 
Alexr. Chalmer of Balna- 

crag. 
James Keyth of Auch- 

quhorsk. 

Alexr. Leslie in Creichie. 
Mr. Oliver Pantoun. 
Alexander Paip. 
James Leslie, burgess of 

Abd. 
George Meldrum in 

Gourdes. 
Patrick Leslie, burgess of 

Abd. 
John Meldrum in Auch- 

quhorteis. 
Wm. Chalmer in Crag- 

corthy. 
Walter Johnstoun in In- 

nerowre. 

NOTE. A page or pages missing here. 
I2S 



Aberdeenshire Sheriff Court: 



Date. Nature of Entry. 

1557-8. 
Febry. 17. Spuilrie. 

Three Transumpts of 
Instruments of Sasine. 
(Last of three incom- 
plete.) 



Service. Terce. 



Parties. 

Lyell v. Joffray. 

Elizabeth, Beatrix and 
Isobella Nore the three 
daughters of John 
Nore Portioner of Fyn- 
narsy on Precept of 
Sasine by George Earl 
of Huntlie and Sheriff 
Principal of Aberdeen. 



Elizabeth Drumbreck 
Widow of Thomas An- 
nand of Auchterellon. 



Subject or Res Gestae. 

Farther procedure. 

Each the " Schaddo thrid 
part of all and sindrie the 
landis of Mekill Fynnarsy 
with the thrid part of the 
myln of the same and of 
All and haill the thrid part 
landis of Litill Fynnarsy 
and Monecht." Notary 
William Settoun "Artium 
Professor " and Sheriff 
Clerk depute. 

Terce of Auchterellone, Easter 
Auchterellone and Mill of 
the same. 



Brieves of Inquest 
Terce refused. 



and Christina Tulledef. 

Agnes Gordoun Widow 
of Wm. Forbes of 
Thainstoun. 

Elizth Bunche Widow of 
John Hay of Brogane 
Lesk. 

Katharine Frasser Widow 
of Allan Tullocht. Por- 
tioner of Moncuffer. 



1558. Cognition. 
April 20. 



Action for payment. 



An order to poind. 
Wrongous Intromission. 

Spuilzie. 



Assize refused to serve nor 
would they answer affirma- 
tive vel negative. Whereon 
the parties and their Pro- 
curators protested. 



Straquhyne 
Supra. 



& 



Dunbar Various productions made on 
behalf of Beatrix Dunbar. 



Alexr. Leslie of Wardres 
agt. Inhabitants of Kin- 
tore. 



Dispute about Toll Beir. Pro- 
curators for the Burgh accept 
office. Protest on behalf of 
Chaplain of St. Thomas 
Hospital. Protest by his 
tutor on behalf of John 
Chalmer. 



Loke Williamson v. John Allane Bulfurd ordered to 

Bissat Supra. execute poinding. 

Mr. John Leslie Official With two crofts one of them 

of Aberdeen v. Alex. called " Heddonishill " in 

Lyoun. in the year 1556. 



The " Reisbark." 



Farther proceedings. 



Action for payment and Alexr. Leslie Fructen- For relief of taxation paid by 
relief. mentar of the Baronie him. 

of Leslie v. The free 
tenants. 



126 



Diet Books: Vol. IL, Contents 

Date. Nature of Entry. Parties. 

1558. Transumpt of Sasine. Elizabeth Drumbreck. 

April 20. 



Subject or Res Gestae. 

Lands of Cuikstoun in the 
Barony of Auchterellon in 
liferent. Sasine 7th April 
1531 proceeding upon Pre- 
cept dated 5th April 1531. 
Marriage provision by her 
husband Thos. Annand of 
Auchterellon. 



May. Letters of Advocation. 



The Inhabitants of Kintore Leslie claimed Thanedome of 

v. Alexr. Leslie of War- Kintore and certain Toll 

dres. Beir. Proceedings in Sheriff 

Court suspended to 6th July. 

The letters themselves are 

dated 24th May. 



23. Appointment of Sheriffs James Wentoun William 



depute. 



Slorach & 
Huchesone. 



Richart 



The Earl of Huntlie Sheriff 
principal sitting " Apud 
Monkishillok " appoints 
these during pleasure, pro- 
bably for trial of the case 
which follows. 



Decree of Cognition. 



Lands of Fyvie Tolquhone 
and Scheves. 
{Supra \ February.) 



The action was "super terras 
debatabiles de Monkishill et 
terras de Park et Tifty." 
It was decided in favor of 
Gordon of Scheves. Sheriff 
and deputes are stated to be 
acting conjunctim et divisim. 

NOTE The first fully recorded 
and complete Decree at this 
period. 



No date. Transumpt of Sasine 
(Imperfect). 



Alexr. Forbesof Kynnaldy. Lands and 



inds and Barony of Petsligo, 
half lands of Dawacht, 
Superiority of Grody and 
Lands of Coburty dated 6th 
November 1556. 



1557. Removing Absolvitor. 
June. 



Thomas of Cask v. Jonet 
Forbes and Magnus 
Keyth her spouse. 



Lands of Skalymarnoth. Held 
that warning should have 
been made on Precept of 
the Abbot and Convent of 
Deir. 



Removing Decree of. 



The Earl of Huntlie v. 
Wm. Gordoun. 



Lands of Auchannoquhy. 
Croft of Rovane in Baronie 
of Strabogye. Warning 
given conform to the New 
Act of Parliament. 



127 



Aberdeenshire Sheriff Court : 



Date. 

ISS7- 
June 21. 



Nature of Entry. 
List of Jury. 



Service (Imperfect). 



Parties. 

Thos. Menzeis of Pet- 

foddellis. 
James Gordoun of Hal- 

doch. 
John Gordoun younger 

Laird of Stradoyne. 
John Spens younger Laird 

of Boddum. 
Alexr. Rutherfurd. 
Thos. Chalmer of Cultis. 
Alexr. Con of Auchry. 
Alexr. Knollis. 
Walter Cullane. 
Mr. Patrick Rutherfurd. 
David Mar. 
David Menzeis. 
Mr. John Fraser. 
Mr. George Johnnstoun. 
Alexr. Duff. 

William Leslie brother to 
John Leslie Fiar of 
Balquhane. 



Subject or Res Gcstae. 



The Earl of Huntlie presided 
and the Jury are given but 
the entry ends at foot of a 
page with the words "obiit 
ad pacem." 

No date. Royal Letters (Imperfect). The Queen's Marriage. For raising a tax of ^60,000. 

June 15. List of Jury. Alexr. Gordoun of Stradoin. 

Alexr. Irwing of Drum. 
Alexr. Forbes of Petsligo. 
Patrick Cheyne of Essil- 

mond Knyt. 
Thos. Menzeis of Pet- 

foddellis. 

Wm. Setoun of Meldrum. 
Thos. Cheyne younger 

Laird of Essilmond. 
Caddell of Auchsloune. 
Patrick Mowat of Bal- 

quholle. 

Andrew Keyth of Crag. 
Patrick Forbes of Corss. 
Alexr. Bannerman of 

Wattertoun. 
George Gardyne of Ban- 

chorie. 

Wm. Lesk of that ilk. 
Alexr. Con of Auchry. 

Wm. Meldrum to hisfather Superiority of Lands of Eden, 
Sir Geo. Meldrum of Mill and Fishing upon the 
Fyvie. " Dovarne," also of the 

Lands of Auchmull, Stirqu- 
harre Fortre and Auchna- 
mone, in the Barony of 
Kynedwart, also Superiority 
ofDarley.alsoCarnequhyng, 
Rowthmoir, Caterlocht, and 
Tullinabocht. 
128 



Service. 



Diet Books: Vol. II., Contents 



Date. 

>557- 
June 15. 



Nature of Entry. 
Inquest of Tutory. 

Protestation. 

Protestation. 
Protestation. 

Protestations and Answers. 
Protestation. 

Protestation. 



Wrongous Intromission. 
(Imperfect.) 

Action for Multures. 



Protestation. 
Payment. 



Parties. 

George Meldrum pupil son 
of George Meldrum of 
Baldinschott. 

William Meldrum. 



Thomas Meldrum of Eden 
George Meldrum of 
Jakstoun and Andrew 
Meldrum of Darley. 

William Earl Marischal. 



Subject or Res Gestae. 

William Meldrum his Uncle 
appointed. 



Produces three instruments of 
possession of Superiority of 
Eden, and of Darley and 
Jakstoun in reference to his 
Brieve. 

Claiming the foregoing lands 
by titles of later date than 
Wm. Meldrum of Fyvie. 



In connection with Wm. 
Meldrum's Service to Tully- 
nabocht.Rowemor Carnequ- 
hyng, &c., &c. 

Producing Instrument of Pos- 
session of Conjunct Fee of 
Barony of Fyvie. 

That the Jury and not he or 
his deputes are to be re- 
sponsible for doings in this 
dispute. 

Thomas Meldrum of Eden, That they are not to be pre- 
George Meldrum of judiced by what is done 



Dame Jane Gordoun Lady 
of Fyvie v. Wm. Mel- 
drum. 

The Sheriff Principal. 



Jakstoun and Andw. 
Meldrum of Darley. 



George Gordoun inCoclar- 
oquhye v. Robert Innes. 



Pat Leyth of Cumnocht, 
Robt. Grub and others 
Tenants of Rolhmais. 



between the Lady of Fyvie 
and her son William 
Meldrum. 

West half of lands of Tullocht. 
Witnesses produced and 
titles. 

The Defenders desire to call' 
Alex. Leslie of Petcapill as 
their warrand. The Mill 
was the Mill of Rane. 



Alex. Leslie of Petcapill. In connection with foregoing. 

John Mortimer of Cragy- Rents of the Quarter Lands of 

war v. John Mortimer Lochquhell. Witnesses 

in Auchquhorteis. produced. 



Wrongous Intromission. 
(Imperfect.) 



John Gardyne v . Henry Mill of Wranghame belonging 
Name. to Henry Kempt of Thomas- 

toun and leased to Pursuer. 

Appointment of Sheriff Robert Oudny. Oudny appointed for the ser- 

depute for day. vice of the day. 

129 



Aberdeenshire Sheriff Court: 



Date. 



Nature of Entry. 



1557. Decree for Teind. 
June 15. 



Spuilzie. 



Submission. 



No date. Molestation. 



Abstracted Multures. 
Submission. Spuilzie. 

Procuratory. 

Procuratory. 
Protestation. 



Parties. 
Bishop of Aberdene 



Subject or Res Gestae. 

The Bishops second Teind. 
No lands nor persons named. 
Decree by " Shref principall 
and his deputis. " 

Patrik Patersoune v. John " Ane rowk of aittis continand 
Johnstoun. tuenty bollis." ". . . price 

of the boll with the fodder 
i6/- Scots." Taken from 
corn yard of pursuers "Mail- 
ling of Crag." Defender 
repledged to Court of Rega- 
litie of Tarves " becaus he 
duellit in the lands of 
Carnebroge." 

Lord Forbes and James " Debattabill landis betuix 



Gordoun of Lesmoir. 



Patrick Forbes of Corse v. 
James Irving William 
Talzeor and Alexr. 
Hunter tenants of Hil- 
toun. 



Ballatar and Abirgardyne" 
Also as to "the richt or 
wrang of the poynding of 
the scheip of Johne Stewards 
and restitutioun of the 
proffittis tharof." 1 5th July 
next fixed for Cognition. 

Dispute about possession of 
Lands of Kincragy originally 
put down for ijth Jany. 
continued to 28th April 
again to (this day) and then 
to 6th October. 



Pat. Leyth v. 
of Rothmais. 



Tenants Multures &c. Mill of Rane. 



John Gordoun Young Burnet offers to refer the 
lard of Stradoun v. matter to the Bishop of 
Robert Burnet. Aberdeen. 



James Irving Williame 
Tailzour and Alexr. 
Hunter. 



Patrik Forbes of Corse. 



William Gordoun of Tar- 
perce v. Tenants of 
Abirgardyne. 



Appoint Mr. Johnne Kennedy 
their procurator in their 
action with Patrik Forbes 
of Corse. 

Appoints Mr. Robert Lumsden 
his procurator in the fore- 
going. 

Mr. Robt. Lumsden procura- 
tor for the tenants objects 
to the trial of the cause by 
the Sheriff principal or his 
deputes, in respect the Earl 
of Huntlle is "heretourof 
the said landis of Ballatar," 
which is also spelled in this 
entry "Ballater" as at 
present. 



130 



Diet Books: Vol. H, Contents 



Date. Nature of Entry. 

'557- Cognition of Marches. 
Novr. 4. 



Parties. 

William Erie Merschell v. 
Andro Master of Errol 
et e contra. 



8. Cognition of Marches. 



Decree Arbitral. 



Procuratory. 



Protestation. 



Do. 



Williame M'tin (Martin) 
testamentary executor of 
Jonet Sangster and 
Gilbert M'chand (Mer- 
chand). 



George Barclay of Gran- 
tullie with consent of 
Sir Walter Ogilvy of 
Boyne. 

The above named. 



19. Cognition. 



Earl Marischal and Master 
of Erroll. 

(Apparently a great gap here. ) 



Subject or Res Gestae. 

The Sheriff Depute being 
ripely advised "and at the 
command of ane writin of the 
Shref principallis subscrivit 
witht his awin hand " repels 
the Master of Errolls dila- 
tory defences and appoints 
him to propone his peremp- 
tory defences on 8th Novem- 
ber. 

Continued by the Sheriff 
depute "be vertew of his 
office " to Friday igth Novr. 

Settlement of a dispute about 
the occupation of 1 6 roods 
of land "of the towne of 
Newburgh." Price of boll 
beir with fodder fixed at 
26/8 Scots. 

Appoints Mr. Robert Lui'sden 
(Lumsden) in their action 
with George Halyburtoun 
of Petcur and his curator. 

Upon the appointment of 
Alexr. Lyoun as procurator 
for Petcur. 

A long but incomplete Inter- 
locutor. 



No date. Protestation on an offer to 
refer. 



Protestation. 



Protestation. 



Lawborrows. 



Johne Fresser of New 
Forest v. John Joffray 
in Houssahill. 



Williame Leslie of Kirk- 
hill. 



George Gordoun 
Coclaroquhy. 



Fraser offers to refer to the 
Laird of Phillorth and his 
son and the Laird of Crag 
and his brother. 

That what is done in Cognition 
between Mr. John Fraser 
of Tollie and Wm. Lord 
Forbes hurt not his rights 
of Talzernath (?), adjacent 
to Druminnor and Castellhill. 

To the same effect as above 
with regard to his lands of 
Blairindynnie alias " Hauch 
of Bogy. " 



John Thomsone in Mane Gilbert Menzeis son and ap- 
v. Alexr. Lyoun burgess parent heir of Thos. Menzeis 
of Abd. of Pitfodels is cautioner. 



Aberdeenshire Sheriff Court : 



No date. 



1SS8-9. 
Jany. 5. 



Assault and Blood draw- Thome Murray in Ferre- 
ing. hill v. Moreis Buchane 

in Ferrehill. 



Letters of Ad vocation. 



Id. Head Court. 
List of Jury. 



Special Service, (fnquisi- 
ciones Speciales No. 26). 



Wm. Cheyne of Straloch, 
John Cheyne his son 
and apparent heir and 

Mary Forbes, daughter 
of Alexr. Forbes of 
Petsligo and wife of John 
Cheyne v. William Sey- 
toun of Meldrum. 



Assault on 8th Septr. 1558 
which is said to be " recent- 
lie." Evidence led in 
Buchan's absence and con- 
tinued until loth Jany. next. 

A Dispute between the parties 
about their rights in the 
Hill of Bethelny, which 
Seytoun was bringing before 
the Sheriffof Aberdeenshire. 
The reasons for advocation 
are given in great detail but 
are shortly summed up as a 
"deidlie feid standand 
unrecounsalit betuix oure 
cousing George Erie of 
Huntlie our Shreff principal 
of oure said Shrefdome, 
Johnne Gordoun his sone 
and thair freindis allya and 
partakkeris . . . and 
the said Alexander Forbes of 
Petsligo his freinds and 
allya." Proceedings sus- 
pended until loth February. 

Lists of Absents. 



Thomas Cheyne younger 

of Esselmond. 
Wm. Cheyne of Arnage. 
Alexr. Buchan of Auch- 

macoy. 

Alexr. Tullidef of Ranistoun. 
Wm. Straquhyne of Glen- 

kyndy. 
Robert Cultis of Auchter- 

coull. 

John Cheyne of Crabstoun. 
Alexr. Chalmer of Cultis. 
Alexr. Gordoun of Brakko. 
Mr. James Barclay of 

Kynnaroquhy. 
Wm. Ogstoun in Turref. 
Gilbert Mowat there. 
James Leslie, John Kelo, 

John Robertsone, Alexr. 

Smyth, Wm. Forbes, 

burgesses of Aberdene. 

Walter Barclay son of 
Patrick Barclay of 
Towy. 



I 3 2 



Lands of Mekill Siggait, Mill 
of Siggait, Lands of Towy- 
turnochty, Baldulsy, Wod- 
toun, Auld myln, 14 bovates 
of Mekill Drumquhendill 
with the mill. Also North 
half of Drumquhendill and 
of Outsettis of Ardlane and 
Auchroddy. In non entry 
2 months and 10 days. 
(Compare Ant. A. & B. 
IV. 580.) 



Diet Books: Vol. II., Contents 



Date. Nature of Entry. 

1558-9. General Service. 
Jany. 10. 



Service. Terce. 



Service. Tercc. 



Service. Terce. 



Service. Terce. 



Protestation. 



Protestation. 



Protestation. 



Protestation. 



Protestation. 



Parties. 

Walter Wod son of 
Andrew Wod of Fyn- 
nersy. 

Jonet alias Donis Hay 
widow of Andrew Wod 
of Fynnersy. 



Katherine Frasser Widow 
of Allan Tullocht por- 
tioner of MoncufTer. 

Elizabeth Meldrum widow 
of Alexr. Gray burgess 
ofAbd. 



Agnes Gordoun widow of 
Wm. Forbes of Thains- 
toun. 

On belialf of Walter 
Barclay on the one part 
and Elizabeth Forbes 
widow of Patrick Barclay 
on the other. 

On behalf of Elizabeth 
Lyoun and William 
Forbes her Spous. 



Subject or Res Gastae. 



Terce of all and singular 
deceased's lands in County 
of Aberdeen, finishing with 
these words " Et hoc ex 
parte umbrali earumdem p 
sortes in curia desuper 
tractatas." 

Terce of half lands of Mon- 
cuffer with fishings on the 
Water of Duvorne. 

Terce of Hiltoun of Auchter- 
cllone, also of various crofts, 
roods, tenements, houses 
and yards in the Barony of 
Newburgh, which are at 
length described in the 
entry. 

Terce of all and singular the 
deceased's lands fishings and 
annualrents in the County. 

In connection with Walter 
Barclay's Service and the 
Widow's claim for her terce. 



In connection with the Brieve 
of Terce of Katherine Fraser 
widow of Allan Tullocht. 



Alexr. Wod son of the In connection with his brother 

late Andrew Wod of Walter's General Service, 

Fynnersy. that there was an older 

brother than Walter alive 

but "furth of the Cuntie" 

and for wilful error against 

the inquest. 

Alexr. Garreaucht. In connection with Agnes 

Gordoun's terce of the 
"Middilltoun of Petfod- 
dellis" that it hurt not his 
right of the " middill 
pleucht " thereof. 

'Chep- "That Agnes Gordoun's 
Terce hurt not his right of 
his tua pt. landis of Thains- 
toun and Foullartoun " &c. 
&c. and produces his Sasine. 



Patrick Stewart 
lane." 



133 



Aberdeenshire Sheriff Court: 



Date. 

I558-9- 
Jany. 10. 



Nature of Entry. 



Parties. 



Discharge from 
Mair depute. 



office of George Bissat Mair of Fee. 



Admission to office of 
Mair depute. 

Decree for money. 



Do. 



Mr. Robert Lumsden v. 
William Straquhyne of 
Glenkyndy. 

Procuratory. , William Cheyne of Arnage 

and Robert Cheyne. 

Continuation of Cause. Andrew Glennie v. John 
Meldrum. 



Procuratory. 



Transumpt of Sasine. 



II. Decree (incomplete). 



Elet. Meldrum widow of 
Alexr. Gray burgess of 
Abd. 



Patrick Stewart. 



Mr. Wm. Fraserz*. George 
Pypar. 



Action of Violence or for 
violent possession of 
Land. 



Archibald Douglass of 
Glenbervy v. Alexr. 
Forbes, apparent heir of 
Thainstoun, Agnes Gor- 
doun his mother and 
Agnes Tulledef widow 
of Henry Forbes of 
Thainstoun. 



Subject or Res Gestae. 

Discharges his son John Bissat 
" oppinlie in jugment to the 
barronis and haill Court. " 

Confirms in office Thomas 
Newe already nominated by 
the Sheriff depute. 

80 merks Scots "betuix this 
and the feist of pasche." 



Appoint Mr. Robert Lumsden 
in all actions whatsoever. 

Continued by Sheriff deputes 
to I Ith January instant " Be 
vertew of thar office at 
command of the Shref prin- 
cipall." 

Appoints Messrs. Thomas 
Frasser and John Kennedy 
in action against Wm. 
Cheyne of Arnage and 
Robert Cheyne. 

Two part lands of Thainstoun 
and Foullartoun dated 1 9th 
Octr. 1552. Notary Alexr. 
Paip. 

Dispute about possession of 
lands of Techmury. Decree 
by Sheriff principal. Mr. 
John Fraser was Vicar of 
Rathin about this time. 
The "hendmaist day of 
March " is an expression 
occurring here. 

Pursuer as having the gift of 
the ward, non entries, 
marriage and relief of the 
Lands of Kynnellar and 
Thainstoun for two years 
back, seeks to enforce the 
removal of the defenders 
whom he had warned out 40 
days before Whitsunday 
1557. Forbes and his 
mother do not oppose 
decree but Agnes Tulledef 
does and produces two 
contracts extracted from 
the Consistorie books. 
Case continued to 5th April 
for proof. 



134 



Diet Books: Vol. E, Contents 



Date. Nature of Entry, 

1558-9. Charge to pay Liability of 
Jany. 10. Mair of Fee for his 
depute. 



Parties. 

Loke Williamsone v. John 
Bissat. 



Protestation. 



Breach of Arrestment. 



The Mair of Fee. 



Jerome Blak v. James 
Turing in Newburgh. 



Spuilzie. 



Andrew Glenny v. John 
Meldrum alias March- 
mond Harrot (herald). 



Spuilzie. 



Alexr. Chalmer of Balna- 
crag John Abell, Yr. 
and Thomas Myll in- 
dwellers in the Burgh of 
Kintore v. Alexr. Leslie 
in Creichie and Andrew 
Ritchie in Tofthill. 



Subject or A'ts Gestae. 

The Sheriff principal charges 
George Bissat Mair of Fee 
to pay for his son John, 
formerly Mair depute a sum 
due by him. 

That he alone is to execute 
poindings and not his 
deputes, and that he will be 
answerable for his own 
doings only. 

On l6th July 1558, there had 
been arrested for rent the 
growing crop on certain 
crofts at Newburgh belong- 
ing to Jerome and tenanted 
by Turing. The crofts were 
called "The Thornehill, 
Chapell Croft and the Law." 
Crops removed in August 
and September. Turing 
absent. Case continued to 
5th April for proof by 
Jerome. 

The crop of Glenny's mailing 
of the " Myln of Tulleielt 
in the Barony of Tarves. 
Oats with fodder valued at 
io/- p. boll. Beir with 
fodder 2O/- "James Gor- 
doun of Haldocht baize of 
the regalitie of Tarves" 
repledged Defender to the 
"prevelege of the said 
regalite " for trial on Satur- 
day 26th January. Alexr. 
Leslie, burgess of Aberdeen 
was cautioner that trial 
would be held. 

The defenders had poinded 
and taken various animals 
belonging to Pursuers in 
payment of the Toll bear 
claimed by Alexr. Leslie of 
Wardres. There was pro- 
duced Charter by King 
James V. to Alexr. Leslie of 
Wardres dated 1st Novr. 
1540 and Sasine following 
thereon (Mr. Walter Leslie 
Notary) dated 3Oth May 
1541. Also the Fiar of the 
Consistorie Court for crop 
1556. Mr. J. Nicholsone 
appears to have been Clerk 
of Court. 



Aberdeenshire Sheriff Court 



Date. 



Nature of Entry. 



Parties. 



Subject or Res Gcstac. 



1558-9. Spuilzie. 
Jany. 10. 



Alexr. Chalmer of Balna- The pleadings (apparently 
crag John Abell, Yr. lodged in writing) of Chal- 
and Thomas Myll in- 
dwelled in the burgh of 
Kintore v. Alexr. Leslie 
in Creichie and Andrew 
Ritchie in Tofthill. 



mer and others are entered 
separately. 



Action of Cognition Ad- 
vocated. 



Wm. Settoun of Meldrum 
v. William Cheyne of 
Stralocht and George 
Barclay of Grantullie. 



Rights of commontie of the 
Hill of Bethelny claimed by 
Meldrum. Letters of Ad- 
vocation dated 5th January 
and of the King and Queen's 
reign the xvii year. Pro- 
ceedings stayed until loth 
February. 



Protestation. 



George Pypar. 



In the action Mr. Wm. 
Fraser v. Pypar, Pypar pro- 
tests that John Fraser of 
New Forest having given 
him certain rights is bound 
to warrant and relieve him 
in case of eviction. 



Jan. 12. Appointment of Special 
Sheriffs depute. 



George Bissat burgess of 
Abd. George Bard in 
Auchmedden and Alexr. 
Leslie son to Wm. Les- 
lie of Litill Warthill. 



Appointed by Sheriff' principal 
to try actions between 
Barbara Hay and James 
Gordoun of Creichie her 
husband against Wm. Lesk 
of that ilk, and sworn in by 
Andrew Fullertoun (next 
entry). 



Appointment of Special 
Sheriffs depute. 



Andrew Fullertoun. 



Appointed as above and sworn 
in by Bissat. 



'S59. 
April 3. 



Transumpt Sasine. 
(Almost complete.) 



Head Court. 

(Sederunt wanting.) 



Alexander Innes of Ard- 
grane in liferent and 
Robert Innes " ejus filio 
naturali hereditarie"and 
the lawful heirs of his 
body, &c., &c. 



The Lands of Tullymad 
"unacum terris rupibus et 
portubus vulgo the landis 
craigis and hevins de Bul- 
lersbuchan " and fishing of 
white fish, &c. Dated 8th 
February 1558-9. 



List of Absents (incomplete). 



136 



Diet Books: Vol. IL, Contents 



Date. 

i$59- 
April 3. 



Nature of Entry. 
List of Jury. 



Special Service. 



General Service. 



Service Terce. 



Parties. 

Thomas Cheyne younger 

of Essilmond. 
Alexr. Leslie of Petcapill. 
James Gordoun of Crehe. 
Wm. Leask of that ilk. 
Wm. Spens of Boddum. 
Wm. Straquhyne of Glen- 

kyndy. 
Robt. Cultis of Auchter- 

coull. 
Alexr. Buchan of Auchma- 

coy. 

Alexr. Chalmer of Cultis. 
Alexr. Skeyne of that ilk. 
Wm. Cheyne of Arnage. 
Alex. Tulledeff of Ranis- 

toun. 
Alexr. Chalmer de Balna- 

crag. 
Thos. Fraser of Belty 

Fraser. 
John Cheyne of Crabstoun. 



Subject or Res Gestae. 



Walter Wod son of Andrew Third part lands of Litill 



Wod of Fynnersy. 



John Ross son of Charles 
Ross of Auchlossin. 

Elet. Stewart widow of 
Wm. Gordoun of Auch- 
indoir. 



Service Terce. Refusal to Elet. Forbes widow of 
serve. Patrick Barclay of Towy. 



Fynnersy. Third part lands 
of Mekill Fynnersy. Third 
part lands of Manecht. 
Third part Miln of Mekill 
Fynnersy lying in Mar. 
Lands of Litill Colpnay 
lying in Barony of Belhelvy. 



Terce of (l) Auchindoir, 
Fuilzemont, Craak, Miln 
and Ailhouse in the County 
of Mar. (2) Ryne and 
Ardlone in the Barony of 
Huntlie. (3) Third part 
sunnylands of Wodderburne 
in the Barony of Drumblait. 

The Jury refused to return an 
answer " Affirmative vel 
negative." The lands of 
which she claimed the terce 
were Mekill Siggait and 
Mill, Mains of Towy, Towy - 
turnocht.Baldulsy.Wodtoun, 
Auld Mylne, 14 bovates of 
Mekill Drumquhendill and 
Mill, North half Ururn- 
quhendill, Outseats of Ard- 
lane, Lands of Auchroddy. 
Her Procurator protests. 



Aberdeenshire Sheriff Court: 



Date. 

1559- 
April 3. 



Nature of Entry. 
Procuratories. 



Requisition to Jury. 



Protestations. 



Protestations. 



Protestations. 



Protestations. 



Protestations. 



Parties. 

Elet. Forbes and Patrick 
Barclay her son. 



The Sheriffs depute. 



Walter Barclay and Elet. 
Forbes. 



Wm. Barclay and Patrick 
Barclay pupils and by 
Elet. Forbes. 



Walter Barclay Wm. Wat- 
sone Elet. Forbes. 



Walter Barclay and Elet. 
Forbes. 



Mr. George Forbes. 



Subject or Res Gestae. 

The Widow appoints Mr. 
George Forbes and Andrew 
Keytht. The young laird 
appoints Mr. Thomas 
Frasser and Archibald 
Dempstar. 

The presiding deputes require 
the Inquest upon their peril 
"to deliver affirmative vel 
negative" upon Elet. Forbes 
"Breifof Terce-" 

Barclay produces Sasine of 
Mains of Towy dated 4th 
September, 1553, and pro- 
tests that what is done in 
his mother's Service hurt 
not him. She protests that 
she ought to be served. 

Mylne and Multuris of Mekill 
Siggait claimed for William 
Barclay, Wodtoun claimed 
for Patrick Barclay. 

Barclay claiming Baldulsy in 
feu. Watsone claiming Auld 
Mylne in wadset. 

Sasine of Auchroddy, Milne 
of Mekill Drumquhendill 
and Outseat called "Jame- 
sonis sail " dated 8th June 
1555 produced on behalf of 
Patrick Barclay. Widow 
makes objection thereto. 

Claiming to be seased in 
"Auldhill (Auldmill?) and 
Jamesonis Outsail of Drum- 
quhendill." 



Brief of Special Service John Ross son of Charles Ross presents his Brief but 
and Protestation. Ross of Auchlossone. John Gardyne of Banchorie 

on behalf of Beatrix Gor- 
doun his mother alleged that 
Beatrix held the lands in 
conjunct fee and protested 



against the service. 



Requisition. 



John Ross son of deceased Alleges that Auchlossin is 
James Ross in Tullelair bound by Contract to infeft 
v. John Ross, apparent 
heir of Auchlossane. 



him in the Lands of Carne- 
bady. 



138 



Diet Books: Vol. IL, Contents 



Date. Nature of Entry. 

1559. Protestation. 
April 3. 



Juror Fined. 



April 5. Judicial Submission. 



Violent Occupation. 



Protestation. 



Parties. 

Auchlossin v. John Ross 
son of James Ross. 



John Mortymer of Cragy- 
war. 



James Gordoun of Creiche 
in name and on behalf 
of his wife Barbara Hay 
v. Wm. Leskofthatllk. 



Archebald Douglass of 
Glenberve v. Alexr. 
Forbes Apparent of 
Thainstoun and Agnes 
Gordoun his mother. 



Alexr. Forbes. 



Subject or Res Gestae. 

Requiring that in terms of a 
clause of registration in the 
Contract between them, it 
be registered in the Books 
of Council and Session. 

Chosen to pass on Inquest, 
having left without being 
discharged, is fined. 

Dispute about Marches. For 
Gordoun's part the Arbiters 
were Johnne Leslie of Bol- 
quhane, Williame Leslie of 
Kirkhill, Thomas Meldrum 
of Iden and Maister Robert 
Lumsden burgess of Abd. 
or any two of them. For 
Leask's part William Oudny 
of that Ilk, Thomas Chene 
Young lard of Essilmontht, 
Alexr. Bannerman of Wat- 
tertoun and Maister Johnne 
Kennedy or any two of them. 
Oversman Maister Johnne 
Leslie, Officiate of Abir- 
dene. 1st May fixed for 
meeting on ground. 

Pursuer produces gift of the 
Ward &c. dated 1st March 
1556-7 and precept of 
warning dated 22nd April 
1557 and also certain wit- 
nesses. Continued to 22nd 
May next for Decree. 

That he is in minority and 

under curatory and no 

curators called, and for 
absolvitor. 



Protestation. 



James Gordoun and Bar- Mr. Robt. Lumsden for 
bara Hay v. Wm. Lesk. Gordon and his wife protest 
that the foregoing submission 
be not prejudicial to the 
continuation of their action 
and that nothing is to be 
done until the day of con- 
tinuation. 



Decree for Rent. Monane Hog Chamber- The Maills, dry multure and 

lain to Wm. Earl Mark- Customs of the Shadow half 
chal v. Thomas Irwin. of the lands of Garlogy, and 

Mill lands thereof. 



139 



Aberdeenshire Sheriff Court: 



Date. Nature of Entry. 

'559- Caulionary Obligation. 
May 3. 



Parties. 

James Leslie Burgess of 
Abd. for Walter Wod 
of Fynnersy. 



Subject or Res Gestae. 

To pay certain Maill and 
relief duty to John I-eslie 
of Bolquhane as Sheriff 
depute conform to a Precept 
from Chancery. 



4. Cautionary Obligation. 



Gilbert Menzeis Elder 
burgess of Abd. for 
Wm. Hay of Ure. 



To pay to " Maister Johnne 
Nicholsone Chaplane of 
Sanct Nathalan's Chaplanrie 
fundit withtin the Chappell 
of Cowe" the rents of the 
"croftis, rigis and landis of 
his said Chaplanrie " crops 
1 SS^- 1 559- The entry is 
signed by Gilbert Menzeis. 



13. Brief of Terce. 



Elet. Forbes. 



Apparently an abortive diet 
from want of a sufficient 
assize, some of those absent 
being fined. 



Cognition. 



Alexr. Forbes of Petsligo 
in name and on behalf 
of Elizabet. Forbes his 
sister v. Walter Barclay 
of Towie. 



For fulfilment of an obligation 
granted by the late Patrick 
Barclay of Towy to Forbes 
of Petsligo dated 3rd Janu- 
ary 1557-810 infett Elizabeth 
Forbes in liferent in the 
Sunny "half landis of 
Collane witht the myln out- 
seitt" &c., &c. Continua- 
tion until 27th May for 
Interlocutor upon dilatory 
defences. 



Cognition. 



Barbara Hay and James 
Gordoun of Creichie her 
husband v. Wm. Lesk 
of that Ilk. 



This appears to be another 
dispute, on this occasion 
about the pursuers' rights of 
property and commonly in 
the lands of Nether Lesk, 
which the defender had 
been invading in 1555-6 and 
7. Various Interlocutors 
adverse to Defender were 
pronounced. Two Sasines 
were produced on behalf of 
Pursuers dated respectively 
I5th Septr. and i8th Deer. 
1553- 



Sentence of Fine. 
Witnesses. 



Absent Andro Pere at the Myln 
of Auchterellone and 
Dauid Ligertwod in 
Tavarty. 



Failure to appear in foregoing 
case. 



140 



Diet Books: Vol. II., Contents 



Date. 

1559- 
May 23. 



Nature of Entry. 
List of Jury. 



General Service. 



Protestation. 



Judicial Admission. 



Parties. 

James Gordoun of Creichie. 
Alexr. Chalmer of Cultis. 
John Lamb of Rothe. 
Gilbert Menzeis senior. 
David Menzeis. 
Patrick Menzeis. 
Mr. Oliver Pantoun. 
Mr. Robert Andersone. 
Patrick Leslie. 
Patrick Molisone. 
Robert Molisone. 
John Craufurd. 
Alexr. Paip. 
Alexr. Andersone. 
John Wentoun. 

Mariore Blakhall daughter 
ofWm. Blakhall. 

Alexr. Blackball. 



Subject or Res Gestae. 



burgesses 

of 
Abirdene 



I "in Vetere 
j Abirdonia." 



Claiming to be "air mell" to 
Wm. Blakhall, protests that 
Marjorie's service be not 
prejudicial to him. 



Alexr. Blakhall and James Admit that Wm. Blakhall 
Stevin. died vested in certain lands 

in the County. 



24. Nature of Action does not John Innes v. 



appear. 



Gordoun of Knokcaspak 
Watt Huddone and 
Willeame Matthewsone. 



Continued by Sheriff depute 
to 26th May. 



26. 



Cognition. 



Obligation to remove. 



27. Cognition (a fragment). 



Mr. John Fresser v. Continued by Sheriff depute 
The Lord Forbes. to 26th May. 

Innes v. Gordoun, Hud- Continued of consent to 27th 
done and Matthewsone. May. 

Patrik Oudny in Wester From " eist quartar of Wester 

Corss. Corss pertaining to Willeame 

Ilurre of Petphie (Pitfichie) 

andjohnne Hurre hissone." 

Forbes of Petsligo v. Continued. 
Walter Barclay. 



(A considerable number of leaves missing here.) 



A letter of Bailzerie (latter Thomas Copland of 
part only). Udauch. 



Verbal consent to Regist- 
ration. 



Do. 



Dated at Turriff loth Deer. 
1556. 

The Letter of Bailzerie in pre- 
ceding entry. 



141 



Aberdeenshire Sheriff Court : 



Date. Nature of Entry. Parties. Subject or Res Gestae. 

1559. A Spuilzie. Royal Letters Walter Balbin a traveller Making allowance for exag- 

May 27. of Charge to Sheriff ' from St. Andrews v. gerated language, this seems 

dated I gth Jany. 1558-9. John Fresser of For- to be a case of robbery with 

rest. violence on i8th September, 

1558. The spoliation is 

said to have been ' ' be way 

of brigance" and Ealbin is 

spoken of as a " puir 

travelour hereit " by Fraser, 

who on the other hand is 

described as " ane insolent 

and ryatous young man" 

and likely to deforce the 

officers of the law. 

No date Decree Violent Occupation Barnardy Logy v. John Third part Lands of Barrak 



but after 
Whitsun- 
day. 



since Whitsunday 1559. Schand. 



Violent Occupation, 
testation. 



Pro- 



James Gordoun fewar of 
Kirktoun of Tarves v. 
Willeam Gray. 



lying in the Barony of Kellie. 
Schand pleaded that he had 
a title from the " Lard of 
Haldocht" prior to Logy's 
title : but this the Laird 
denied on oath. 

Protest by Gordoun against 
the Sheriff principal and 
deputes for continuing the 
case to 6th Octr. The 
Pursuer's warning to the 
Defender to remove was 
dated at Kellie 9th March 
1558-9. Sasine dated 3rd 
June 1550. 



Action for price of a horse. 
(Incomplete.) 



Alexr. Andersone in Dal- 
rassak v. John Andersone 
in Kyldrymie. 



12 merks 
horss. 



price of a broun 



(Something missing again.) 



Violent Occupation since 
Whity. 1559. 



Mr. John Craig persoun of 
Kyncardyn and por- 
tionar of Balmalie v. 
Gilbert Mowat in Turreff. 



The Q_uarter lands of Balmalie. 
Sasine dated gth Novr. 
1558. Warning dated at 
Cragfyntre I4th March 
1558-9. Decree of Remov- 
ing pronounced of consent. 

Octr. Claim to lease of land. Androw Craig in Balmalie Quarter Lands of Balmalie 

said to be let by Defender 
to Pursuer but entry not 
given. Proof fixed for 
" Allhallowevin " vizt. the 
last day of Octr. instant. 

Disputes submitted to John 
Leslie of Balquhane and 
James Innes of Touchis and 
continued to Head Court 
on gth January. 



Cognition. Judicial Sub- 



v. Thomas Con second 
son to Alexr. Con of 
Auchtryle. 



Thomas Meldrum of Eden 
v. John Forbes of Brux 
et e contra. 



142 



Diet Books: Vol. II., Contents 



Date. 



Nature of Entry. 



I SS9- Procuratory. 
Octr. 



31. Violent Occupation. 



Violent Spuilzie. 



Parlies. 

Mr. John Chalmer in 
Grandone. 



Thomas Fresser v. Wm. 

8uhyt in Aberdour Wm. 
!erk and Elspet Strath- 
oun in Kirktoun of 
Tyrie. 



Subject or Res Gestae. 

Appoints Alexr. Paip, Messrs. 
Robt. Chalmer, burgess of 
Abd. John Chalmer Andrew 
Mathew and John Kennedy 
in all his actions. 

Shadow half Lands of Kirk- 
toun of Tyrie. Proof of 
defence continued of consent 
to loth January 1560. 



Alexr. Bissat v. Mr. Gilbert "ane swerd and ane buklar 

Murray and John Mur- fra the said Alexr. be vertew 

ray. of his office." Probably 

deforcement of Mair of Fee 

or a depute. Continued to 

29th Novr. " in hoip of 

appoyntment and freyndlie 

dress " (redress). 



Claim to Lease. 



Andrew Craig v. Thomas 
Con. 



Diet for Con's proof, who pro- 
duced a writing and appoint- 
ment between Craig and 
Gilbert Mowat dated a8th 
March 1558-9, which Craig 
challenged on various 
grounds. 

Dispute about Occupation Thomas Con v. Gilbert Difficult to disentangle these 
of Land. Mowat. cases. This one refers to 

the Sunny Quarter part 
Lands of Balmalie. Ap- 
parently Mowat supports 
Craig. 

(On a blank half page here is engrossed in a different handwriting a prayer by way of humble 
confession of sin, after which some pages are again wanting. 



No date. Special Service. (Imper- . . . Irwin grandson of 
feet.) Robert (? Irwin). 



General Service. Alexr. Irwin son of Alexr. 

Irwin. 

Cognition. George Crauford of Fed- 

deret v. Alexr. Forbes 
of Petsligo et e contra. 



'43 



Lands of Belty Gordone held 
of the Earl of Huntlie for a 
silver penny if asked only. 
In non-entry for 6 months. 



Continued of consent to a 
Court to be held on the 
"debatabill ground at the 
West callit Lethis Corce on 
Monnonday nixt eftir the 
Shref Court day eftir pasche 
that nixt cumis viz. : the 
penult day of Aprile nixt to 
cum. " Both parties agreed 
that "the lard of Bolquhane 
be Shref depute." 



Aberdeenshire Sheriff Court : 



Date. Nature of Entry. 

I SS9- Obligation of relief. 
Octr. 31. 



1 559-6- Rule of Court. 
Jany. 10. 



Repledging. 



Violent occupation. (In- 
complete). 



Parties. 

Gilbert Rob in Clochhill 
to John Pere in Nether 
Lesk. 



By Sheriff deputes. 



Alexr. Slot 
Thomsone 
Disblair. 



Subject or Kes Gestae. 

Pere had become bound for 
Rob to Barbara Hay of 
Nether Lesk and James 
Gordoun her spous that 
whatever should be found 
due should be paid to them. 

That all precepts must be 
signed by either (i) The 
Sheriff Principal (2) John 
Leslie of Bolquhane his 
depute or (3) by the princi- 
pal Sheriff Clerk. 



v. Alexr. Reason not given : but De- 
in Wester fender was repledged to 
"Burrow Court of Abir- 
dene " by Mr. Patk. Ruther- 
ford and Mr. Gilbert 
Murray who were sureties 
that he would be entered 
there on 1 5th January curt. 



William Hay son and 
Apparent heir to Alex. 
Hay of Dalgaty v. 
Tenants of Brogane. 



Violent profits are set forth 
here. Sasine produced 
dated loth March 1551-2. 



Febry. I. Marriage Contract. (In- 
complete. ) 



No date. Special Service. 



Royal Letters. 



William Spens of Boddam The Contract is dated at 
and his daughter Bessie Dynnedeir zist January 
Spens on one part and 1559-60. 
Walter Leslie fear of 
Largy and his father 
Henry Leslie, Frankten- 
nentar of Largy on the 
other part. 

Alexr. Forbes son of Wm. Quarter and eighth part lands 



Forbts of Thainstoun. 



Alexr. Forbes. 



of Thainstoun Foullartoun 
with the Mill &c., &c. in 
the Thanage of Kyntor. 
Also an annualrent of 35 
merks from lands of Kyn- 
kell. Very special case, 
applicant being under lawful 
age. ( Vide next entry. ) 

Dispensation allowing "of 
our speciale favours." the 
Sheriff of Aberdeen and his 
deputes to try Forbes' Brief 
from Chancellarie although 
in his less age and minority. 
Dated 28 January 1559-60. 



144 



Diet Books: Vol. IL, Contents 



Date. 



Nature of Entry. 



1559-60. Discharge. 
Febry. I. 



Protestation. 



Parties. 

Elizabeth or Elspet Hay 
Widow of Patk. Ogilvy 
of Sligo to Alexr. May 
of Dalgaty. 



Margaret Hay and Geo. 
Johnstoun her son. 



Subject or Res Gestae. 

The granter was one of the 
two heirs of line served and 
retoured to William Hay of 
Dalgaty and by this deed 
she grants a Discharge and 
a Renunciation of all her 
rights in the Lands and 
Baronies in Aberdeen and 
Forfarshires in favor of 
Alexr. Hay, now of Dalgaty. 
Dated 25th January 1559-60. 

That Elizabeth Hay's service 
be not prejudicial to them. 



Cautionary Obligation. 



James Gordoun of Tuly- 
angus for Alexr. Forbes 
of Thainstoun. 



For a yearly payment of 20 
to Elizabeth Leslie, daughter 
of Alexr. Leslie of Wardres, 
until he infeft her in con- 
junct fee with himself in the 
lands and fishings of Pet- 
fodels, which he has in 
wadset from Thos. Menzeis 
Provest of Abd. 



21. Discharge of a Spuilzie. 



Andrew Reidfurd Andrew 
Geddes for themselves 
and others to James 
Dempstar of Auchterless. 



1559- 

Novr. 29 

(out of 

date). 



Claim to Lease. 



(Something missing here. ) 
Craig v. Con. 



Dempstar and one 
Stewart had taken 
goods belonging to Reidfur 
and the others, from th 



James 
certain 
"urd 
the 

Lordship of Engze in 1555, 
for which Decree had been 
obtained in the Court of 
Session on nth May 1559. 
Dempstar now agrees to pay 
1 20 merks for his half of 
the goods and is discharged. 



Decree against Con ordaining 
him to enter Craig to the 
possession of the Quarter 
lands of Balmalie let to him. 



No. date. Violent occupation of land. 
(Fragment.) 



James Gordoun v. Wm. 
Gray and another. 



This seems to be the end of a 
Decree for removing and 
violent profits already 
noticed. 



No date. 



Meldrumof Edenz>. Forbes 
of Brux et e contra. 



This was continued to January 
9th, then to this day and 
again by consent to Wed- 
nesday the last day of July 
next. 



Aberdeenshire Sheriff Court: 



Date. Nature of Entry. 

1559-60. Cautionary Obligation. 
Febry. 21. 

Fines for Absence. 



1560. 
April 24. Payment of rent. 



No date. Decree for payment of 



Parties. 



No date. Decree for Delivery. 



Subject or Res Gestae. 



David Patre in Aquhorsk To pay to Andro Leslie 4O/ 
for John Forbes. before 26th June. 



Richart Cammorane in 
Mongarre and Robert 
Myll in the Mylhill of 
Mongarre. 



Summoned at the instance of 
John Leslie of Bolquhane 
lined 4O/ each. 



Christian Blenshell and Continued to 22nd June next. 
Patrick Forbes of Craig- 
toun her husband v. 
Alexr. Cumingof Cultir. 



Jonat Jhonstoun and 
Patrick Leytht of Cul- 
quhyrne her husband v. 
Sir William Jhonstoun. 



George Johnstoun burgess 
of Aberdeen v. Mr. John 
Chalmer in Grandoun. 



1 06 merks as the balance of 
700 merks. Sir William 
stated as a defence that 
Jonat and certain accom- 
plices had spulzeid 1000 
merks from him in August 
1558 ; but in face of a 
written obligation signed by 
him at Caskieben for the 
1 06 merks dated 4th August 
1558, he was not allowed a 
proof. Payment to be made 
before the Feast of Nativity 
of St. John (24 June). 

"Twa barrellis Salmond full 
rede and sueit. " 



Charge to find Security or 
for delivery. 



June 15. Procuratory. 



David Fergussone. 



Mr. Oliver Pantoun. 



To find security to George 
Quhyte for 7 merks or to 
deliver two horses claimed 
by Quhyte. 

Appoints Mr. John Kennedy 
and Gilbert Murray in all 
his actions. 



IJ. Violent occupation. 
Decree of Removing. 



Violent occupation. 
Decree of Removing. 



James Dempstar of Auch- 
terless v. Wm. Forbes 
in Reidhill. 



Jas. Dempstar v. 
Cruikschank in 
Altoun. 



146 



John 
Logy- 



From Sunny third part lands 
of Reidhill in Barony of 
Auchterless. Dempstar's 
Sasine dated 7th November 
ISS6. 

A third of Pursuer's third part 
of the lands of Logy-Altoun 
lying at the Shadow part 
thereof in Barony of Auchter- 
less. Dempstar's Sasine 7th 
November 1556. 



Diet Books: Vol. IL, Contents 

Date. Nature of Entry. Parties. 



Subject or Kes Gestae. 



1 560. Procuratory. 
June 17. 



James Forbes in Fischar- Appoints Alexr. Paip and Mr. 
furd. Gilbert Murray in all his 

actions. 



Procuratory. 



Procuratory. 



James Forbes in Reidhill. 



James Dempstar. 



Appoints Mr. Andrew Mathow 
in his action against his 
landlord Dempstar. 

Appoints Mr. John Kennedy 
and Archibald Dempstar in 
all his actions. 



Violent occupation, 
entries. 



Two 



James Dempstar v. James 
Forbes. 



1 8. Procuratory. 



James Dempstar and Jonat 
Frasser his wife. 



(i) Forbes complains that he 
was in occupation of Logy- 
altoun from which Cruik- 
shank was removed and 
protests that he was not 
called. (2) A technical 
objection stated by the Pro- 
curators for Forbes to the 
service of the Summons, the 
hearing of which was con- 
tinued to 25th June. 

Appoint George Leslie of 
Tochir, Archibald Demp- 
star and Mr. John Kennedy 
in action against Robert 
Cheyne and all other actions. 



Procuratory. 



Robert Cheyne. 



Appoints Thomas Cheyne 
" Young lard of Essilmond, 
William Cheyne of Arnage " 
and Mr. Gilbert Murray in 
all his actions. 



Violent occupation. 



Jonat Frasser and James Jonat, claiming to be tercer of 
Dempstar v. Robert the sunny third part lands 
Cheyne. of Tulledesk in the Barony 

of Kelly, seeks to remove 
Cheyne from possession, 
producing Sasine dated I3th 
April 1548. Cheyne pro- 
duced as his title a Deed 
dated 24th May 1554 pur- 
porting to be granted on 
behalf of the pursuer, which 
she challenged as "fals and 
fenzeit." Continued to 25th 
June for proof of this at a 
Court to be held at Inver- 



147 



Aberdeenshire Sheriff Court 



Date. Nature of Entry. 

1560. Payment of Rent. 
June 22. (Not quite complete.) 



Parties. 

Christiane Blenshell Wi- 
dow of Alexr. Cuming 
of Cultir and Patrick 
Forbes of Craigtoun her 
husband v. Alexr. Cum- 
ing now of Cultir. 



(At least one page missing here.) 



25. Violent Occupation. 



Jonat Fraser 
Dempstar 
Cheyne. 



and 



James 
Robt. 



Subject or Res Gestae. 

Christiane Blenshell had the 
terce of the sunny side of 
her late husband's lands of 
Cultir, &c., in virtue of a 
service carried through in 
the Reign of James V. (date 
not given). These she had 
let to the present laird who 
was not paying his rent. 
This is a Decree therefor. 



Proof partly led and continued 
to 3 1st July. There is a 
suggestion (but part of the 
writing is illegible), that 
Jonat had been married to 
Alexr. Buchan of Auchmacoy 
before she married Demp- 
star. 



Violent Occupation, 
(partly illegible.) 

Violent Occupation, 
(partly illegible.) 



William Lord Forbes v. 
Gilbert Jak. 

George Leslie of Tochir v. 
Andrew Leslie and 
Patrick Thomsone. 



Occupation of Wodheid. 
tinued to 3ist July. 



Con- 



From Lands of Tochir in the 
parish of Rane. The De- 
fenders produced Asseda- 
tion by the Bishop and 
Chapter of Aberdeen. 



148 



Illustrative Examples taken from Diet Book, Vol. II. 

Actions of Spuilzie 

I. 

(Probably 15 June 1557) 

The said day in the actioun and caus of spoulze movit and persewit 
be Patrik Patersoun aganis Johnne Johnnstoun anent the spoulzeatioun 
wrangus away takin and withhaldin fra the said Patrik be the said Johnne 
of ane rowk of aittis continand tuenty bollis of aittis with the fodder 
the price oi the boll with the fodder saxtene schilling Scottis money out 
of the said Patrikis come yard of his mailling of Crag lyand within the 
Srefdome of Abirdene lyik as in my lord Srefis precept of Abirdene 
raisit tharupoun and continewit to this day at mair lynth is contenit 
Compeirit James Gordoun of Haldoch bailze of the regalite of Tarves 
and desyrit the said Johnne to be replegit to the fredome and preuelege 
of the Court of the regalite of Tarves becaus he duellit in the landis of 
Carnebroge within the Jurisdictioun of the said regalite of Tarves con- 
forme to the auld prevelege of the said regalite Quhilk prevelege the said 
Sref J and his deputis [affirmit and grantit ?] to the replegiatioun of the 
said Johnne to the samen And thareftir the said James replegit the said 
Johnne to the Jurisdictioun of the said regalite of Tarves and sett and 
effixit ane Court to be haldin at the toun of Tarves upoun Tuisday the 
saxt day of July nixt to curn, for administratioun of Justice to the said 
Patrik in the said mater And fand Williame Settoun of Meldrum 
cautionar and souertc That the said Patrik suld gett ane Court and com- 
petent Juge and Justice the said day in the said mater And failzeing 
[tharof] to enter the said Johnne Johnstoun afoir the Sref of Abirdene or 
his deputis in the Sref Court of Abirdene to be haldin in the tolbuith 
of the samen on Setterday the last day of July nixt to cum to ansuer at 
the instance of the said Patrik in the said mater eftir the forme and 
tennour of the said precept as law will With intimatioun as efferit And 
the said Patrik be Maister Oliuer Pantoun his prolocutour protestit for 
the hiest price of victuallis gif he obtenit his causs 

(No further trace.) 

I. The Earl of Huntlie himself was on the bench together with John Leslie of Bolquhane, 
Wm. Leslie of Syde, and George Bissat burgess, stated in the sederunt to be acting " conjunctim 
et divisim." 

149 



Aberdeenshire Sheriff Court : 



II. 



Curia Vicecomitatus de Abirdene tenta in pretorio eiusdem 
quinto die mensis Februarii anno Domini Millesimo quin- 
gentesirno quinquagesimo septimo per honorabilem virum 
Johannem Leslie de Bolquhane vicecomitem deputatum de 
Abirdene pro tribunali sedente etc 

The said day James Leslie Andro Huntar Johnne Nicholsone Willm 
Craufurd Andro Brabner Thomas Murray and Johnne Carngyll procura- 
tours for Alexr Lyell in Elsenewir with power to substitute Substitute 
Maister Gilbert Murray and Alexr Paip substitutis under thame con- 
iunctlie and seueralie Agains Alexr Joffray Johnne Fresser Johnne 
Swoillis and Johnne Buchart cum cautione de rata 

The said day Johnne Fresser constitute Maister George Fresser and 
Gilbert Collisone his procuratours coniunctlie and seueralie agains Alexr 
Lyell and all utheris with power to substitute and caution to keip ferme 
and stabill 

The said day James Leslie requirit Maister Robert Lumisden to 
procuir for him and Alexr Lyell Agains Alexr Joffray quha refusit to do 
the same on the quhilk the said James tuik Act of Court 

The said day in the actioun and caus of Spoulze persevvit by Alexr 
Lyell burrow maister of Elsenewir and his procuratours in his name agains 
Alexr Joffray Johnne Fresser Johnne Swoillis and Johnne Buchart anent 
the wrangus and maisterfull hewing doun violent spoulzeatioun and away 
takin of the how of ane scheip of the said Alexris callit the Reisbark in 
the moneths of October Nouember December Januar and Februar 
respectiue the yeir of God ane thousand fyve hundreth fourty fyve yeiris 
extending to the sowme of thre hundreth markis scotis money the said 
how of the said scheip being lyand for the tyme undir Thomas Menzeis 
nethir bak gait upone the sandis within the flude mark [in] 
Abirdene and skaything of the said Alexr tharthrow to the sowme of 
Aucht hundreth pundis scotis money lik as in the said precept at mair 
lynth is contenit Be vertew of the quhilk precept the saidis Alexr 
Joffray Jon Fresser Jon Swoillis and Jon Buchart war lauchfullie 
summond to this day to haif ansuerit in the said mater at the said Alexr 
Lyellis instance and compearand all personalie in Jugment and beand 
accusit upone the contentis of the said precept the said Alexr Joffray be 
maister Robert Lumisden his procuratour denyit that part of the libell 
tuiching the spoulze of the how of the said schepe and as to the remanent 
of the libell viz the dammage and skayth libellit allegit the said Alexr 
had na place to persew the same Becaus the mater wes ellis adiugit 

150 



Diet Books: Vol. II., Actions of Spuilzie 

afoir the provest and bailzeis of Abirdene and producit thair decreit 
tharupoun of the date undecimo die mensis Aprilis anno domini millesimo 
quingentesimo quadragesimo octauo And siclik the saidis Jon Swoillis 
and Johnne Buchart denyit that part of the libell tuiching the how of the 
schep foirsaid and as to the remanent of the said libell allegit the said 
ellis adiugit as said is And as to Johnne Fresser he wes replegit to the 
fredome and preuilege of the lord of Sanct Johnis 1 court becaus he 
duelt in ane tempill land within the said burgh And thareftir the said 
Alexr Lyellis procuratours foirsaid producit Thomas Menzeis provest of 
Abirdene Gilbert Malysoun Gilbert Menzeis officiar Gilbert Menzeis 
marinall James Blak in Futy Johnne Bruiss Robt Aikyne Thomas 
Chalmer fleschar Alexr Troup maissoun Dauid Menzeis Johnne Fynne 
Duncan Fresser baxter James Pentland Wille Nicholl James Mair and 
Dauid Endeocht summond admitit and suorne in presens of the party 
And Johnne Abircromy Alexr Ratray Gilbert Kyntor younger Andro 
Bouk Thome Clube Georg Creve Alexr Moir Johnne Malysoun Alexr 
Sowtar baxter Willm Rust Dauid Low and Alexr Andersoun 
summond to this day to beir witnes in the said mater and nocht 
compearand And tuik furisday the sevintene day of Februar instant to 
preve for the secund terme of probatioun in the said mater And to mak 
mair diligence contrar the said absent witnes and the said partiis 
defendaris ar warnit tharto apud acta And the said defendaris protestit 
that thar be na witnes exeminit quhill thai mak thar interrogatours to 
exeme thame tharon 

(Circa February or March 1557-8) 

The said day Gilbert Collisone enterit Johnne Frasser in Jugment 
to ansuer at the instance of Alexr Lyell burrow maister of Elsinnewir as 
law requiris in the actioun and caus of spoulze of the how of ane scheip 
of the said Alexris callit the Reisbark as ane of the allegit comittaris 
tharof lik as in the precept raisit tharupoun at mair lenth is contenit 
quhilk Johnne Frasser wes summond afoir in the said actioun to the fyft 
day of the moneth of Februar last bipast and thane replegit be Johnne 
Cheyne tempill baillie to the lord of Sanct Johnne becaus the said 
Johnne duelt in ane tempill land within the burgh of Abirdene to ane 
tempill court to haue bene haldin upone the said tempill land quhair the 
said Jon Frasser duellis upone the twenty fift of Februar last bipast and 
becaus thair wes letters of cursing 2 cassin in that day upone the said 
tempill baillie that he mycht nocht do iustice in the said mater tharfoir 
the said Gilbert Collisone enterit the said Johnne Frasser this day afoir 

1 Proving that the Knights' Templar had jurisdiction and a Court in Aberdeen at this 
period. 

2 A step in the process of excommunication. 



Aberdeenshire Sheriff Court : 

the said Sref deputis to ansuer at the said Alexr Lyellis instance in the 
mater as he that come souerte tharfor the tyme of the replegiatioun 
foirsaid And thareftir the said Johnne Frasser being accusit upone the 
contentis of the said precept denyit all spoulze of the how of the said 
schip as it is libellit and as to the dampnage and skayth libellit allegit 
the samen wes ellis adiugit afoir the provest and baillies of Abirdene 
And thareftir James Leslie Andro Huntar Johnne Nicholsone Andro 
Brebner and Johnne Carnegill procuratours for the said Alexr Lyell 
coniuntlie and seueralie tuik thame to preif the samen the twenty day of 
Aprill nixt to cum in presens of the said Johnne for the first terme quha 
is warnit tharto apud acta with intimatioun as efferis 

(Eo. die) 

The said day in the actioun and caus Intentit by Alexr Lyell and 
his procuratours agains Johnne Frasser lax fischar 1 to ansuer to the 
clame of the said Alexr compeirit the said Johnne Frasser and allegit 
that he aucht nocht to ansuer to his clame befoir the Sref and his 
deputis Becaus he wes replegit abefoir to my lord of Sanct Johnne and 
his baillies court as competent Juge to hyme and becaus that he fand 
cautioun for administratioun of Justice and for competent Juge clerk 
dempster and all membris of Court and Johnne Cheyne bailze templum 
to the said lord fensit and creat courts upone ane tempi!! land pertenand 
to Andro Feres burges of Abirdene duelland in the Scnipraw of Abirdene 
the thrid day of Februar last was and thair offerit him to do Justice to 
the said Alexr Lyell and his procuratours persewaris one that ane part 
and the said Jon Frasser partie persewit one that uther part and protestit 
that in sa far as the said Alexr Lyellis procuratours producit ane instru- 
ment or prothogoll vnder the signe and subscriptioun of Shir Dauid 
Settoun notar quhar the said Alexris procuratours tuik instrument that 
the said Johnne Cheyne wes vnder cursing mycht nocht be competent 
Juge becaus he wes Denuncit cursit at the instance of Thomas Carnegill 
and accepit the said prothogoll and instrument in sa far as it maks for 
the part of the said Johnne and na uderwayis and allegit the said letters 
of cursing wes cassin in agains the said Johnne be the said Thomas at 
the sollistatione instance and requeist of the said Alexris procuratours 
quha ar till obtene dampnage and skayth in the said caus and als allegit 
that litiscontistatione wes maid in the said caus abefoir the said Johnne 
afoir the productioun of the said letters of cursing and the samen producit 
as said is tharfor aucht to haif ane new terme assignit to hyme for 
administratioun of Justice in the said mater befoir the said Johnne 
Cheyne Be ressoun the impediment of insufficience of the said- bailze 
stude be the said Alexr Lyellis procuratours &c 

I Salmon fisher. 



Diet Books: Vol. II., Actions of Spuilzie 

Item Secundlie adherand to the protestatione foirsaid afoir litiscon- 
testatioun maid abefoir the said Sref depute the said Jon Frasser protestit 
that in cace ony of the witnes producit agains him prewis him intromet- 
tour with ony buyrdis of the schipe contenit in the clame of the said 
Alexr that he be nocht condamnit bot conforme to the quantitie of his 
intromissiouns becaus the said schype wes decernit wrack be ane sentence 
and decreit given abefoir agains Walter Brechyne and James in 

fauours of the said Alexr Lyell and his procuratours and repettis the 
samen decreit in modo probationis in sa far as it maks for the part of 
the said Johnne Frasser and na underwyis 

(20 April 1558) 

The said day in the terme assignit to Alexr Lyell burrow maister of 
Ellsinewir to preif for the first terme in the caus intentit be him agains 
Jon Frasser Lax fischar anent the spulze of the how of his scheipe 
producit Williame Gray Jon Gray Robert Gray Andro Troup Thomas 
Chalmer flascher James Pentland Wm Nicholl Alexr Ratray Jon 
Malisone Alexr Menzeis Gilbert Menzeis officiar and Gilbert Jak lauch- 
fullie summond to this day admittit and suorn in Jugment In presens of 
the said Jon and als Jon Lamb pynour 1 Duncane Frassr baxster Alexr 
Foullar baxster Reche Wrycht George Creve and Shir Jon Blak 
summond to this day and nocht compearand and tuk the sext day of 
Junii nixt to cum be his procuratours constitute tharto to preif for the 
secund terme of probatioun in the said mater In presens of the said Jon 
and warnit him tharto apud acta with Intimatioun as efferit 

(No further trace.) 

III. 

Curia Vicecomitatus de Abirdene tenta apud lie Standing 
Stanis de Huntlie duodecimo die mensis Februarii anno domini 
millesimo quingentesimo quinquagesimo septimo per honora- 
biles viros Willmum Leslie de Syid et Michaelem Menzeis 
vicecomites deputatos dicti vicecomitatus coniunctim et diuisim 
pro tribunali sedente etc 

The said day in the actioun and caus persewit be James Gordoun in 
Eistir Migwie agains George Forbes sone to Umqll Alexr Forbes in 
Eistir Migwie Be vertew of our Souerane Ladies letters and my lord 
Srefis precept of Abirdene direct tharupone makand mentioun that quhair 
in ane actioun and caus persewit be the said James agains the said George 
tuiching the fulfilling of ane contract maid betuix him and the said James 
on ayther partyis for his part of the samen Quhairupoun the said James 
menit him to the lordis of counsall of befoir and obtenit hir grace utheris 
I Some sort of porter or scavenger. In this case probably about the harbour. 

U 153 



Aberdeenshire Sheriff Court: 

letters be thar deliuerance direct to the said Sref of Abirdene and his 
deputis for taking of cognitioun in the said causs and in the midtyme the 
said George Andro Masoun in Dawacht Williame Forbes bruthir to the 
said George Forbes Jonat Calder moder to the said George James 
Reaucht in Eistir Mygwie Johnne Elacht thar Johnne McKynning alias 
Litill Johnne thar Johnne Patre alias Cuthaucht thar with thar complicis 
upoun the tent and xxiiij dayis of Julii last bipast come to the said 
James houss being upoune the saidis landis of Eistir Mygwie lyand 
within hir grace landis of Cromar and Srefdome of Abirdene in his 
absence he being present within hir grace burgh of Edinburgh befoir the 
saidis lordis in obtening of hir grace saidis utheris letters of cognitioun 
And thair be thame selfis thair seruandis and complicis in thar names of 
thair caussing command assistence and ratihabitioun wranguslie and 
maisterfullie and on force be way of deid keist doun the samen to the 
ground and at the samen tyme reft spulzeit and away tuk the gudis and 
geir vnder specifeit of the awaill and prices efter followis quhilks than 
pertenit to the said James as his awin propir guidis and war in his 
possessioun within the said houss tyme of the [spoliation tharof] That 
is to say ane cowntar burde price four punds and within the 

crownis of the sone foure reiss nobillis and ten markis quhite 
money togidder with the said contract maid betwix ayther of thame 
partyis subscriuit with thair handis ane acquittance maid and subscriuit 
be the said George of certane sowmes guidis and geir deliuerit be the 
said James to him throw inlack of the quhilk redound to 

the said James attour the sowme of sax hundreth markis sax pair of 
Dowbill blankettis price of the pair thrette schilling aucht pair of dowbill 
schettis of small Lynning quhairof four pair war rubennit with 
price of the pair oureheid thrette s tuelf coddis with thair waris price of 
[the pece] sax s aucht penneis tua feddir beddis price of the pece fourte s 
thre ane of thame continand four gallons price of it sax pund 

[price of] the pece of the tother tua tua markis tua rakkis of irne 
price of the [pece] ten s tua irine speittis price of the pece ten s tua 
pannis price of the pece threttene s four d sax pewdir plattis price of the 
pece oureheid sax s aucht penneis four trunchours price of the pece thre 
ane dossane of treyn plaittis price of thame sax s four pewdir 
[dis]ches price of the pece four s ane mekill fir kist price tharof s and 
within the samen aucht bollis of meill price of ilk boll [fourte] s Ane 
uther fyr kist price tharof saxtene s and sax firlottis of malt within the 
samen price of the boll fourte four s ane brew [fatt] price tharof four 
markis ane gyle fatt price tua markis Tua standis price of the pece saxtene 
s Ane barrell price tharof ten s Tua oist beuris price of the pece sax s 
aucht penneis Tua oist crelis cowirt with ledder price of the pece ten s 
Tua branderit meit burdis of fyr price of the pece thrette s Ane Jak of 

154 



Diet Books: Vol. II., Actions of Spuilzie 

plate price of it pund four pair of hoiss ane of gray price tharof four 

markis ane uthir pair of quhite price twente four s the thrid pair of gray 
[trjewis price tharof threttene s four penneis and the feird pair of Stan- 
nyng cuttit out with taffety price of thame fifty s ane gren cussokyn 

coitt price tharof fourty s Ane blew coit pasmentit with silk price tharof 
aucht pund sax sarks price of the pece twente s aucht elne of lynning and 
ane half price of Ilk elne thre s Ane pair of Irne tayngis price tharof ten 
s Ane cruik of Irne price tua markis Ane buklar sword price tharof four 
markis togidder with sax cuple of tymer price tharof tuelf pund thre 
burdin durris bandit and hingin with Irne price of the pece threttene 
s four penneis tua through lokks price of the pece aucht s Ane fetter 
lok four Ane stand bed price twente s aucht horss harrowis price 

of the pece tua s four cruik saddellis price of the pece tua s ane pair of 
tabelis [?] price tharof threttene s four d tua sekkis price of the pece 
ane wardour [?] of ane bed price fourte s The skayth sustenit be 

(Here fragment ends.) 

IV. 

10 January 1558-9) 

The said day [the] Sref deputis forsaid continewit the precept of 
Andro Glennis and actioun and caus contenit in the same agains Johnne 
Meldrum Be vertew of thar office at command of the Sref principall to 
the xi day of the moneth of Januare instant in presens of the party 
persewar and of Patrik Meldrum sone and procuratour for the party 
defender oblegeand him de rato et grato for his said fader and the said 
party and procuratour ar warnit heirto apud acta with intimatioun as 
efferis 

(n January 1558-9) 

The said day in the actioun and caus of spulze movit and persewit 
be Andro Glenny agains Johnne Meldrum als Marchmond Harrot 1 Be 
vertew of my lord Sreffis precept of Abirdene anent the maisterfull and 
wrangus spoliatioun wrangus away takin and withhaldin fra the said 
Andro of four bollis of aittis sawing estimet to tuelf bollis of aittis with 
the fodder the price of the boll with the fodder ten schillings And of ane 
boll of beir estimet to ten bollis of beir with the fodder price of the boll 
with the fodder tuenty schillings Scotts money growand on the ground 
of the said Androwis Mailing of the Myln of Tullealt Hand in the baronie 
of Tarves within the Srefdome of Abirdene And sawin be the said Andro 
tharupoun of the crope last bipast and spulzeit fra the said Andro be the 
said Johnne and his seruandis and complices in his name etc furth of the 
said Androis mailling forsaid Hand as said is quhair thai wer growand 

I Herald. 
155 



Aberdeenshire Sheriff Court : 

for the tyme in the moneth of August last bipast perteining to the said 
Andro as his awin propir beir and aittis and than being in his possessioun 
upoun his said mailling lik as in the said precept at mair lenth is contenit 
Be vertew of the quhilk precept the said Johnne Meldrum wes lauchfullie 
summond to the fift day of October last bipast to haue ansuerit at the 
instance of the said Andro in the said mater And than the said Actioun 
and caus wes continewit to the tent day of Januar nixt thareftir and out 
of that day to this day And this day comperit James Gordoun of 
Haldoch baize of the regalitie of Tarves within the quhilk regalitie the 
said Johnne remanis and be vertew of the quhilk regalitie replegit him to 
the court and prevelege of the said regalitie and effixt and sait ane Court 
to be haldin be him at the towne of Tarves on Setterday the xxj day of 
Januar instant for administratioun of iustice in the said mater And fande 
Andro Leslie burges of Abirdene cautioun that he suld haue ane court 
the said day and place with sufficient Juge and all membris of Court 
effeirand tharto and iustice as effeirit And failzeing tharof to entir the 
said Johnne Meldrum agane afoir the Sref of Abirdene or his deputis 
upoun the said day of Aprill nixt cumis to ansuer at the instance of the 
said Andro in the said mater according to iustice 

V. 

(11 January 1558-9) 

The said day in the actioun and caus of Cognitioun of Spulze movit 
and persewit be Alexr Chalmer of Balnacrag Johnne Abell younger and 
Thomas Myll indwellaris in the burgh of Kyntor agains Alexr Leslie in 
Creichie and Andro Riche in Tofthill Be vertew of our Souerane Ladiis 
letters and my lord Sreffis precept of Abirdene direct tharupoun Anent 
the spulzeing fra the saidis Alexr Chalmer Johnne Abell and Thomas 
Myll Be the saidis Alexr Leslie and Andro Riche of the gudis eftir 
following respectiue That is to say fra the said Alexr Chalmer of tua ky 
the price of the pece fyve marks fra the said Jon Abell ane gray horss 
the price fyve pundis and fra the said Thomas Myll of ane young brandit 
quyak of ane yeir auld and ane half the price tuenty sax schilling aucht 
penneis Scottis mone furth of thar duellingis and landis within the 
fredome of the said burgh of Kyntor lyand in the Srefdome of Abirdene 
upone the tent day of Januar the yeir of God 1557 yeiris than pertening 
to the saidis Alexr Jon and Thomas respectiue as thar awin propir gudis 
and geir and than being in thar possessioun respectiue within the fredome 
of the said burgh of Kyntor and withhalding of the samen fra thame 
respectiue with the proffeitteis tharof sene the tyme of the said spoliatioun 
wranguslie lik as in the saidis letters and precept direct tharupoun at mair 
lenth is contenit Be vertew of the quhilk precept bayth the saidis partiis 
war lauchfullie summond to haue comperit afoir my lord Sref of Abirdene 

156 



Diet Books: Vol. II., Actions of Spuilzie 

or his deputis in the Sref Court of the said Srefdome haldin in the 
tolbuyth of the said burgh of Abirdene upoun the fift day of the moneth 
of October last bipast to haue hard and sene cognitioun takin in the said 
mater upoun the quhilk fift day of October bayth the saidis partiis 
compeirit personalie in Jugement afoir Williame Leslie of Kirkhill 
George Bissat and Andro Foullartoun Sreff deputis of the said Srefdome 
coniunctlie and seueralie for the tyme 1 And thair the saidis Alexr Leslie 
and Andro Riche being accusit upoun the contentis of the said precept 
thai be Maister Robert Lumisden thar procuratour under protestatioun 
nocht grantand ony wrang valour nor prices of the gudis libellit grantit 
the intromissioun of the gudis aboue specifiit and allegit thai had done 
na wrang in the intromitting thanvith bot intromittit with the same be 
ane iust titill and ordoure of law and offert thame to preiff the same in 
forme of law and desyrit ane terme tharto And the Sref deputis forsaid 
assignit thame than Wednisday the levint day of Januar nixt thareftir 
viz this instant day to preiff the samen peremptourlie In presens of the 
said Chalmer Abell and Myll And Maister Thos Eraser than prolocutour 
for the said Chalmer Abell and Myll accepit the confessioun of the saidis 
Leslie and Riche safar as it makis for thame et non alias aliter neque 
alio modo and protestit in caice thai preif nocht the said exceptioun for 
ane condampnatour upoun the haill contentis of the libell Et quod 
habeatur pro confesso And thareftir comperit this day in Jugement afoir 
the said Sref principall and his deputis afoir writtin the said Maister 
Robert Lumisden procuratour for the said Alexr Leslie and Andro Riche 
And thair in presens of the saidis Alexr Chalmer Johnne Abell and 
Thome Myll and the said Maister Thomas thar prolocutour forsaid 
producit ane Chartour maid to Alexr Leslie of Wardres be umquhill 
King James the fift of gude mynd quhom God assoilze under his greit 
seill upone certane few landis Hand in the regalite of Garreauch and 
Thayndome of Kyntor within the Srefdome of Abirdene and upone the 
toll beir of Kyntor Hand within the said Srefdome of the dait primo die 
Nouembris anno domini millesimo quingentesimo quadragesimo togidder 
with the said Alexris instrument of sesing tharof of the dait penultimo 
die mensis Maii anno domini millesimo quingentesimo quadragesimo 
primo under the signe and subscriptioun of Maister Walter Leslie notar 
publik And als ane precept of poynding of the said Alexr Lesleis of 
Wardreis direct to the said Andro Riche his officiar to poynd the saidis 
Chalmer Abell and Myll for certane toll beir contenit in the samen 
respectiue of the dait the saxtene day of December the yeir of God Ane 
thousand five hundreth fifty seven yeiris poyndit and execute be the said 
officiar upoun the tent day of Januar the yeir of God Ane thousand fyve 
hundreth fifty sevin yeiris togidder with the feii of the consistorie of 

I These were evidently specially chosen with a view to elide pleas of relationship, &c., &c. 

157 



Aberdeenshire Sheriff Court : 

Auld Abirdene maid upon the victuallis of the diocy of Abirdene of the 
crope the yeir of God Ane thousand fyve hundreth fifty sax yeiris 
subscriuit with the hand of Martin Howesone scribe of the said consis- 
torie for the tyme And protestit for ane absoluitour And thareftir the 
said Sref principall and his deputis afoir writin Being riply and at lenth 
awisit with the saidis productis and with the ressouns and allegatiouns 
proponit maid and allegiit for the part of the saidis Chalmer Abell and 
Myll in the contrar eftir lang and mature consultatioun maid and had be 
thame tharintill FAND pronuncit and decernit that the said Alexr Leslie 
in Creiche and Andro Riche in Tofthill had done na wrang in the intro- 
mitting with the gudis afoir specifiit Bot intromittit with the samen be 
iust titill and comprising and ordour of law And tharfor absoluit the said 
Alexr and Andro of all spulze of the gudis aboue mentionat and of all 
proffeitis of the samen purelie and simplie for evir On the quhilks the 
saidis Alexr and Andro tuk act of Court and instrument 

Heir follouis the Reply producit for the pairt of Alexr Chalmer of 
Balnacraig Johnne Abell Merchand and Thome Myll to the peremptour 
exceptionis producit and allegit for the pairt of Alexr Leslie in Creichie 
and Andro Riche tennentis and seruandis to ane honoll man Alexr 
Leslie of Ward res 

IN PRIMIS the said Alexr Chalmer and his collegis forsaid protestis 
for ane condampnatour in the actioun of Spulze movit be thame agains 
the foirsaidis personis defendaris respectiue That the allegit tytill of 
Alexr Leslie of Wardress producit for ane pairt of thair deffenssis and 
probatioun tharof maks na mentioun of ony exactioune or dewetie nor 
tolbeir to be liftit or rasit of the burgh of Kyntor or ony pairt tharof nor 
na word of burgh contenit tharin And in respect that the said 
burgh of Kyntor wes ane fre burgh haldin of the King (within the quhilk 
the rudis pertenand to the said Alexr Chalmer and his complices lyis) 
And in respect that thair is thre Kyntorris viz the thayndome the barony 
and the burgh and na mentioun nor specificatioun maid of the rudis of 
the burgh of Kyntor quhilk is necessar of the commond law gif thai 
requerit ony exactioun of tolbeir mycht be requirit of the rudds of the 
said burgh of Kyntor be vertew of the said infeftment Be ressoun ane fre 
burgh can nocht be thrall till ony annuall exactione or dewete without 
the same wer expreslie specifiit in thair awin infeftment or sum uder elder 
titill precedent the same gif. ony pretendit entres tharto And gif tolbeir 
wer pairt of ony of the thre Kyntorris nocht specifeand the burgh per 
expressum It is and the persewaris allegis that the tolbeir allegit in 
thair infeftment aucht to be tane up of the thayndome quhairin the said 
Alexr Leslie is infeft and na utherwayis 

158 



Diet Books: Vol. IL, Actions of Spuilzie 

ITEM SECUNDLIE the persewaris allegis the pairty aduersour hes 
noder allegit sufficient titill be ressone forsaid nor yit pruvyne sufficient 
ordour in respect that thair allegit poynding is maid (gif ony thair wes) 
apone sowmes of beir onevikkit in ony court or befoir ony Juge competent 
quhilk aucht nocht to be done of the commound law without it hed 
beyne evikkat liquidat and bot nocht grantand that 

thai hed power to haue poyndit the quhilk the persewaris awyiss denyis 
that ony sic powar thai hed for gif it war lesum till ony man to poynd 
upone his awne allegeance nocht makand na titill knawin nor prevand 
ony liquidat sowme nor obtenand ony sowme illiquidat befoir ane Juge 
competent Thairon this inconuenienc suld cum that upone ony mannis 
allegeance without evictioun or liquidatioun mycht poynd at thar awin 
hand without ony ordour or titill as the persewaris allegis the defendaris 
to haif done presentlie in this actione 

ITEM Alexr Chalmer Johnne Abell and Thomas Myll protestis for 
ane condampnatour in the actione of Spulze intentit be thame agains 
Alexr Leslie in Creichie and Andro Riche Be ressone the said Andro 
poyndit the gudis mentionat in the persewaris libell thai beand within the 
burgh of Kyntor and fredome of the same quhair he had na power to 
streik ane vand be vertew of the precept producit for thair defenssis nor 
na uder way 

VI. 

(Entd in Diet Book 27 May 1559) 

Francis and Marie be the grace of God King and Queen of Scottis 
Dolphyn and Dolphynes of Vioneiss to our louits Wm Barre Alexr 

Gordoun Alexr Bissat our Srefis in that pairt coniunctlie 

and seueralie specialie constitut greting forsamekle as it is humlie menit 
and schawin to us be our louit Walter Balbine induellar in the cite of 
Sanct Androwis ane [puir] travellar that quhair the lordis of our counsall 
hes direkit and deliuerit that Johne Fresser of Forrest hes done wrang in 
the maisterful and violent spoliatioun under silance of nycht be way of 
brigance revin away takin and withhaldin fra the said Walter within the 
the oistlair house of frank furth of his bosum of his coitt betwix 

his dowblait and [his] coitt of his purss and in the samyne the sowme of 
four scoir of [crownis] of gold weicht in tyme of hervist and vacance 
upone the xviij day of September last bipast Ilk crowne 
[extenjding to xxiiij s mone of our realme and tharfor ordanit [him to] 
restoir and deliuer to the said Walter agane crownis of gold of 

weicht or the prices tharof foirsaidis becaus the spulzie being provin 
sufficientlie the awaill and quantite was refarrit to the said Walter 
Balbine ayth And he maid fayth that the said Jon Fresser of Forrest 
spulzeit and reft fra him four scoir crownis of gold of weicht lik as was 

'59 



Aberdeenshire Sheriff Court: 

cleirlie understandin to the said lordis and als hes decernit and ordanit 
the said Jon Fresser of Forrest to refound content and pay to the said 
Walter the sowme of auchtene punds money foirsaid taxit and modefeit 
be the saidis lordis as for the costis and expenssis maid and sustenit be 
him in persuit of the said actioun as at mair lenth is contenit in ane 
decreit maid and gevin be the saidis lordis tharupone conforme to the 
qnhilks the said Walter Balbin obtenit our uthir letters be deliuerance of 
the saidis lordis to compell poind and distrenze the said Jon Fresser of 
Forrest his landis and mak prising of his reddiest gudis and failzeing of 
his movabill gudis to apprys his landis conforme to our Act of Parliament 
To the awaill and quantitie of the sowmes of money respectiue aboue 
writtin and mak the said Walter Balbin to be payit tharof conforme to 
the said decreit As our saidis uthir letters beris And it is of verite 
that the said Johnne Fresser is ane Insolent and ryatouss young man 
and will deforce and stop our saids officiaris in poinding of his gudis and 
putting of our saidis uthir letters to executioun upone him Sua that the 
said Walter Balbin being ane puir travelour hereit be him as said is sail 
na wyiss get payment of the sowmes foirsaidis contenit in the said decrete 
without the saidis lordis provide remeid thairin as is allegit Oure Will is 
heirfoir and we charge yow straitlie and commandis that incontinent thir 
our letters sene ye pas and in our name and authoritie command and 
charge our traist cousing and consalor George Erie of Huntlie our Sref 
principall of our Srefdome of Abirdene and his deputis to put the said 
decreit to dew executioun in all poyntis eftir the tenour tharof within 
xij dais eftir he be chargit be yow tharto under the pane of payment of 
the samyne of thar awin propir gudis As ye will ansuer to us tharupone 
. . . . Gevin under our signet at Edinburgh the xix day of Januar 
and of our Regnne the first and xvij yeiris .... 

VII. 

(17 February 1559-60) 

At Abirdene the xxj day of Februar the yeir of God ane thousand 
five hundreth fifty nyne yeiris It is appointit betuix ane honorable man 
James Dempstar of Auchterles on that ane pairt and Andro Reidfurd and 
Andro Geddes for thame selffis and in name and behalf of Andro 
Chapman James Reidfurd Isobell Geddes Margaret Symsone Johne 
Youngsone takand the birding one thame and oblesand thame that thai 
sail hald firme and stabill in maner following That is to say forsamekill 
as the saidis Andro Geddis and Andro Reidfurd and utheris thar 
foirnemit collegis hes obtenit befoir the lordis of our Souerane Ladiis 
consall ane decreit contrar the said James Dempstar and Alexr Stewart 
for the spoliatioun and away takin of certane gudis and geir fra the saidis 
personis furth of the lordschip of Engze in the yeir of God Ane thousand 

1 60 



Diet Books: Vol. II., Actions of Spuilzie 

fyve hundreth fifty five yeirs quhilk decreit was gevin at Edinburgh the 
xj day of May the yeir of God Ane thousand fyve hundreth fifty nyne 
yeiris Nochttheless the saids Andro Reidfurd and Andro Geddes for 
thame selffis and in name and behalf of the foirsaidis personis thar 
collegis takand the burding on thame for ressonabill caussis moving 
thame and in speciale for the payment of the sowme of money under 
writin exoneris quytclaimis and dischargis the said James Dempstar of 
Auchterles his airis executours and assignais of all sovvmes of money 
gudis and geir obtenit contrar the said James Dempstar for his pairt of the 
said spoliatioun and contenit in the said decreit Als weill the principall 
as excrescentis and expenssis contrar him for the same And 

siclik of all spulze of ony gudis and geir maid be the said James contra 
the personis foirsaid or ony of thame afoir the day and dait heirof and 
oblegis thame nevir to persevv the said James nor ony utheris his 
seruandis at the saidis personis instance for the contends of the said 
decreit or ony actioun or expenssis that may follow tharupone except 
Alexr Stewart alanerlie and the saidis Andro Reidfurd and Andro 
Geddes bindis and oblegis thame to warrand and keip the said James 
and his seruands skaythles at thar said collegis handis for the contentis 
of the tane half of the said decreit and all that ma follow tharupone and 
obtene ane sufficient exoneratioun fra thar collegis and deliuer to the 
same James on the same betuix the dait heirof and the feist of lammes 
nixt cumis for the quhilk exoneratioun and discharge the said James 
Dempstar of Auchterles Alexr Gordoun burges of Abirdene and Johne 
Dempstar in Knokleyth cautionaris for the said James with him self 
coniunctlie and seueralie bindis and oblegis thame thar airis executours 
and assignais to content and pay to the said Andro Reidfurd and Andro 
Geddes to thame selffis and in neme of thar foirsaidis collegis the sowme 
of sax scoir marks at the termes onder writin viz the sowme of fourty 
marks betuix this and the tent day of Merche next cumis and uther 
fourty marks at the feist of lammes nixt thareftir in saxtie yeiris and the 
thrid fourty marks at the feist of pasche in the yeir of god ane thousand 
fyve hundreth saxtie and ane yeiris in haill and compleit payment of the 
said sowme and exoneratioun and contentatioun foirsaid And for 
obseruing and fulfilling of this present contract the saidis pairteis and 
foirnemit souerteis ar content this present contract be insert and regis- 
trat in the Officialls and Sreffis buiks of Abirdene respectiue and haif the 
strenth of ane confessit act and decreit respectiue And letters of poynding 
and cursing to be rasit tharupone as neid beis And the said James is 
becum souerte to releif his saidis cautionaris of the premissis onder the 
panis of poynding and cursing In Witnes of the quhilks the saidis pairteis 
and souerteis hes subscruit thir presentis with thar handis day yeir and 
place foirsaid Befoir thir witnes Maister Andro Leslie prebendar of 



Aberdeenshire Sheriff Court : 

Ellone George Leslie of Tochir Robert Dempstar and Maister Johne 
Chalmer with utheris diuerss Et sic subscribitur James Dempst of 
Auchtles with my hand Johne Dempst Caution with my hand Andro 
Reidfurd with my hand Alexr Gordoun with my hand at the pene led 
at my command be the noter under writin Andro Geddes with my hand 
Ita est Magr Willus Setoun notarius publicus de mandate dicti Alexri 
ad hec manu propria 

VIII. 

(Circa May or June 1560)' 

The said day in the actioun and caus movit and persewit be Jonat 
Johnstoun and Patrik Leyth of Culquhyrne hir spous for his entres be 
vertew of my lord Shrefs precept of Abd Makand mentioun that Sir 
William Johnstoun obligit him be the fayth and treuth of his body to 
haue payit to the said Jonat and hir curatours in hir name the sowme 
of five score sex marks Scotts money in haill and compleit payment 
of seven hundreth marks like as in the said precept at mair lenth is 
contenit Compearand the said Sir Wm Johnstoun personalie in Jugement 
with his prolocutour Alexr Paip proponit peremptourlie that the said 
Jonat Johnstoun with certane hir complices spulzeit the said Sir William 
in the moneth of August yeir of God ane thousand fyve hundreth fyftie 
and aucht yers of the sowme of Ane thousand marks Scotts money and 
sua allegit hir to be recompansit of the said sowme of fyve score sax 
marks and that but preiudice of the remanent of the said thousand marks 
and protestit that the said Jonat nor hir spous forsaid suld nocht be hard 
in Jugement unto the restitutioun of the sowme allegit spulzeit And 
allegit that tarn de jure quam de praxi spoliatus ante omnia venit resti- 
tuendus and desirit ane terme to preif the samen And compearand the said 
Patrik Leyth for him and his said spous with Maister Johnne Kennedy 
thair prolocutour allegit that the said Sir William mycht nocht allege 
that Spulze be way of peremptour exceptioun bot be actioun to be 
intentit and protestit that the said exceptioun suld nocht be admittit in 
this caise and for process And thaireftir the said Shreffs deputts being 
riplie aduisit repellit the said peremptour exceptioun as it was proponit 
pro loco et tempore and decernit the said actioun and caus to the saids 
Jonat and Patriks probatioun Quhilks instantlie in Jugement producit 
the said Sir Williams obligatioun subscriuit with his awin hand upoun 
the said sowme of fyve score and sax marks money forsaid of the date at 
Carskybeine the fourt day of August yeir of God Ane thowsand fyve 
hundreth fifty and aucht yers affermit and recognoscit be the said Sir 
William And decernit and ordanit the said Sir William Johnstoun to 

I. This is in form an action for payment but the real interest lies in the Spuilzie which was 
stated as a defence. 

162 



Diet Books: Vol. II., Advocations 

refound content pay and deliuer the said sowme of fyve score sex marks 
money forsaid betuix the date herof and the fest of nativitie of Sanct 
Johnne nixt hereftir callit Mydsymmer and ordanit precepts to be direct 
to poynd and distrenze for the samen gif neid war quhairon ... etc 



Advocations to the Court of Session 

I. 

Curia Vicecomitatus de Abirdene tenta in pretorio eiusdem 
decimo nono die mensis Nouembris anno domini millesimo 
quingentesimo quinquagesimo septimo per honorabiles viros 
Johannem Leslie de Balquhane et Georgium Bissat burgen de 
Abirdene vicecomites deputatos de Abirdene coniunctim et 
diuisim pro tribunale sedente etc 

The said day in the actioun and caus of cognitioun mowit and 
persewit be George Berclay of Grantullie Walter Ogilby of Boyne Knyt 
and Maister Alexr Berclay his curatours for thar interes agains George 
Halyburtoun of Petcur and Maister James Halyburtoun his curatour for 
his interes Anent the said George Berclais predecessours and his 
possessioun of the landis of Sleoch witht thar pertinentis and tennentis 
in thar names respectiue Hand withtin the Srefdome of Abirdene [within] 
certane boundis methis and merchis limit in our Souerane ladeis letters 
and allegit molestatioun maid be the the said George Halyburtoun and 
his tennentis and seruandis of his landis of Dummoy to the said George 
Berclay in his possessioun of his saidis landis of Sleoch lik as in our 
Souerane ladeis letters and my Lord Srefis precept of Abirdene [direct] 
tharupoun at mair lynth is contenit Be vertew of the quhilks [precept] 
baytht the saidis partiis and thar curatours foirsaid for thar interes [war] 
summond to this day to heir and se cognitioun to be [takin in] the said 
mater And the said George Berclay and Walter Ogilby of Boyne Kynt 
his curatour foirsaid compeirand personalie in jugement witht Maister 
Robert Lumisden thar prolocutour And the said George Halyburtoun 
and Maister James Halyburtoun his curatour [for his interes] compeirand 
be Alexr Lyoun thar procuratour in the said mater 

be thar procuratorie producit in Jugment under thar seilis and subscrip- 
tionis of thar handis admittit in Jugment quha accepit the office of 
procuratioun one him in the said mater And thareftir compeirit Adame 
Fergussoun Sref in that pairt be vertew of our Souerane Ladeis 
letters specialie constitute And thair be vertew of our Souerane Ladeis 
letters and in her Grace name and authoritie rommandit and chargit 
the said Sref deputis to continew the said court quhill the tuente day 
of the monetht of December nixt cumis And summond the said 

163 



Aberdeenshire Sheriff Court: 

George Berclay and Shir Walter Ogilby of Boyne Knyt and the said 
Sref deputis to compeir befoir the lordis of our Souerane Ladeis 
Counsale at Edinburgh or quhair it sail happin thame to be for the 
tyme the aucht clay of the monetht of December nixt cumis in the 
houre of caus witht continewatioun of dais bringing witht thame the 
said letters of cognitioun and precept direct tharupoun to be sene and 
considerit be the said lordis and to heir and se the Sref of Abirdene and 
his deputis to be dischargit of all preceding in the said actioun and caus 
foreuer At the leist to heir and se the said mater advocat to the said 
lordis for the caus contenit in the said letters and utheris to be proponit 
and allegit be the said George Halyburtoun and in his name and behalf 
the said day and place witht continewatioun of dais Dischargeing the 
Sref of Abirdene and his deputis utherwyis of all preceding tharintill 
and of thar office in that pairt quhill the said tuenty day of December 
nixt cumis lik as in the saids letters at mair lynth is contenit Quhilk 
charge the said Sref deputis obeyit and continewit the said courte to 
the said tuente day of December nixt cumis conforme to the said 
letters to the court to be haldin withtin the tolbuith of Abirdene 
and warnit the said George Berclay and his curatour an als the 
said Alexr Lyoun procuratour for the saidis George Halyburtoun and 
Maister James Halyburtoun tharto apud acta witht intimatioun as efferit 
And ordanit the said letters to be insert in the buiks and causit ane mair 
depute viz Allane Bulfurd to warne all the witnes contenit in the 
indorsatioun of the said George Berclais precept that war summond to 
this day to the said tuente day of December to beir witnes in the said 
mater under the panis contenit in the said precept 

(15 November 1557) 
(The Letters of Advocation) 

Marie be the Grace of God Quene of Scotis To our Louittis Adame 
Fergussoun Williame Leslie Alexr Lyoun Oure Shreffis in that pairt 
coniunctlie and seueralie specialie constitute greting Forsamekill as it is 
humblie menit and schawin to us be our louit George Halyburtoun of 
Petcur and Maister James Halyburtoun [his] allegit curatour for his 
interes That quhair George Berclay of Grantulie Walter Ogilby of Boyne 
Knyt and Maister James Berclay his curatouris hes our utheris 

letters be deliuerance of the lordis of our Counsale direct to our Sref of 
Abirdene and his deputis to tak cognitioun gif he and his predecessours 
hes bene in possessioun of the landis of Sleocht witht the pertinentis be 
[certane] boundis methis and merchis withtin the quhilks he hes includit 
ane grite pairt of the said George Halyburtoun of Petcurris landis of 
Dummoy And [maist] wrangouslie molestis and trublis the said George 
Berclay tharintill as at mair lynth is contenit in the saidis letters Conforme 

164 



Diet Books: Vol. fl., Advocations 

to the quhilk the said Sreff hes directit his precept and summond the said 
George Halyburtoun to compeir befoir him and his deputis the xix day of 
Nouember instant to heir and see Cognitioun takin in the said mater And 
than intendis to proceid tharintill Howbeit in veritie [this same actioun] 
inter easdem partes super eadem re et eodem modo [wes] persewit befoir 
our said Sref and his deputis of befoir wranguis and 

partiale decreit and rolment of said George Haly- 

burtoun quhilk he hes gottin as thair decreit schewin 

befoir the saidis lordis proportis In respect of the quhilk the said 
Sref and his deputis can nocht be Juges competent to the said George 
Halyburtoun specialie in this caus And forther efter geving of the saidis 
lordis decrete of reductioun he obtenit our uthires letters witht our said 
Sreffis precept tharupoun to tak Cognitioun upoun his possessioun of his 
saides landis of Dummoy and boundis tharof and causit execute the same 
to the Michelmes Courte last bypast quhilk desertit and na thing done 
tharin the said day be reasoun of the Army 1 Quhairfoir he requirit our 
said Sref and his deputis to affix him new day quha ansherit thai wald 
affix nane bot the Courte on Sanct Thomas Evin And nochtwithtstand- 
ing continewand in thair auld partialite hes affixit to his aduersair ane 
courte within the same to be haldin the xix day of Nouember instant sua 
that gif thai be sufferit to proceid heirin Thay will nocht failze to gif ane 
uthir wranguis and partiale decrete agains the said George Halyburtoun 
and draw him of new to the cummeris 2 and expenssis of the reductioun 
tharof To his hevy dampnage and skaytht as is allegit Oure Will is 
heirfoir and we charge yow that ye lauchfullie summond warne and 
charge the said George Berclay and his saidis curatouris and our said 
Sref and his deputis To compeir befoir us and our Counsale at Edinburgh 
or quhair it sal happin us to be for the tyme the aucht day of December 
nixt to cum in the hour of caus witht continewatioun of dais Bringing 
witht thame our saidis uthiris letters and precept to be sene and con- 
siderit be the saidis lordis And to heir and see our said Sreff and his 
deputis dischargit of all preceding in the actioun and caus foirsaid foreuir 
At the leist to heir and see the said mater aduocat to the saidis lordis for 
the caussis foirsaidis and uthiris to be proponit and allegit be the said 
George Halyburtoun in his name and upoun his behalf the saidis day and 
place witht continewatioun of dais and forder to ansher at his and his 
said allegit curatours instances in the said mater in sa far as law will 
witht intimatioun to the foirsaidis personis as efferis Attour that ye in our 
name and authorite command and charge our said Shreff and his deputis 
to continew thair Courte to be haldin be thame in the said mater quhill 

1 The reference here is to the army collected by the Queen Regent at Kelso in her attempt 
to force a war with England. 

2 Burden. 



Aberdeenshire Sheriff Court : 

the tuenty day of the said monetht thareftir that the saidis lordis may 
ministrat Justice heirin in the mene tyme dischargeing thame uthirwais 
of all preceding tharintill and of thair offices in that pairte quhill [the 
said] day according to Justice As ye will ansher to us tharupoun The 
quhilk to do we commit to yow coniunctle and souralie [our full] power 
be thir our letters delieuring thame to yow dewlie execute [and indorsat] 
agane to the berar Gevin under our Signet At Edinburgh the xv day of 
Nouember And of oure Regnne the fiftene yeir 

Ex deliberatione dominorum Consilii 



II. 

Curia Vicecomitatus de Abirdene tenta in pretorio euisdem 
decimo quinto die mensis Februarii anno domini millesimo 
quingentesimo quinquagesimo septimo per honorabilem virum 
Johannem Leslie de Bolquhane et Michaelem Menzeis 
vicecomites deputatos dicti vicecomitatus coniunctim et diuisim 
et pro tribunali sedente etc 

The said day in the actioun and caus mowit and persewit be Alexr 
Leslie of Wardres Cessionar and Assignay to ane Honoll man 
Robert Carnegy-of Kynnard Knycht donatour to our Souerane Lady the 
Queenis grace haifand be gift of hir hienes witht awiss and consent of 
hir derrest cousing and tutour James Duikeof Chatalaralt Erie of Arrane 
Lord Hamiltoun Protectour and Gouernour of hir realme for the tyme 
the nonentres maillis fermes proffeittis and dewiteis of the landis callit 
the commoun landis uthirwiss the burrow landis of Innerowre lyand 
at the Weist North and the North West pairtis of the said toun of 
Innerowre withtin the Srefdome of Abirdene Lik as in the Letter of Gift 
under the preve seill and letters of Cessionarie and Assignatioun maid 
to the said Alexr tharupone be the said Robert under his seill and sub- 
scriptioun at mair lenth is contenit agains Williame Badzenocht sone to 
umquhill James Badzenocht Alexr Maky Dauid Innes Katherine Blak- 
hall als Coup Williame Robertsone Jon Tailzeour Patrik Allirdes 
Johnne Ra Jon Ronnaldsone Jon Tailzeour Walter Johnnstoun Jon 
Williamsoun Jon Robertsone Thome Fergus and Johnne Johnnstoun 
Be vertew of my lord Srefis precept of Abirdene direct tharupone for the 
wrangus and violent occupatioun of certane rudis landis yardis bigingis 
and tenementis lyand withtin the said toun of Innerowre Ilk ane for 
thair awin pairt respective Sene the feist of Witsonday in the yeir of God 
Ane thousand fyve hundreth fifty sax yeiris And tha and ilk ane of 
thame beand lauchtfullie warnit abefoir the said feist of Witsonday 
conforme to the new Act of Parliament maid tharupone to haif remowit 
thame selfis thar seruandis gudis and geir tharfra respective at the said 

1 66 



Diet Books: Vol. IL, Advocations 

feist of Witsonday in the yeir of God foirsaid lik as in the said Srefis 
precept direct tharupone at mair lenth is contenit Be vertew of the 
quhilk precept the saidis tennents of Innerowre war lauchtfullie summond 
to this day to haif ansuerit at the instance of the said Alexr Leslie in the 
said mater And the said Alexr Leslie compeirand be Maister Robert 
Lumisden his procuratour And the saidis pairtiis defendaris compeirand 
be Maister Oliuer Fantoun thar procuratour And the said Maister 
Robert desyrand proces in the said Alexrs name Comperit Andro 
Foullartoun Sref in that part be vertew of our Souerane Ladys Letters of 
the dait at Edinburgh the viij day of Februar and of hir Grace regne the 
xvj yeir And be vertew of the said letters commandit and chargit the 
said Sref deputis to continew the courte sett be the Sref principall of the 
said Srefdome in the said mater to tent day of the monetht of Marche 
nixtocum And dischargit thame uthirwiss of all proceding tharintill 
And of thair offices in that pairt in the mentyme lik as in the said letters 
at mair lenth is contenit Quhilk charge the said Sref deputis obeyit 
and continewit the said Courte and actioun and caus contenit in the said 
precept to the said tent day of Marche conforme to the said letters 
And warnit the said procuratouris tharto apud acta witht intimatioun as 
efferit And desirit the said letters to be insert in thar Sref buik for thair 
warrand 1 

The said day comperit Maister Oliuer Pantoun procuratour for the 
inhabitants of Innerowre and protestit for all thair iust and lauchfull 
defenss in the actioun intentit agains thame and producit ane decreit of 
the lordis of the Counsall of the dait at Edinburgh the fiftene day of 
Marche the yeir of God 1556 yeiris subscriuit witht the hand of Maister 
James McGill And protestit gif the Sref deputis foirsaid procedit forder 
in the said mater for remeid of law agains thame 

III. 

(24 May 1558) 

Marie be the Grace of God Queen of Scottis To our louittis Patrie 
Chalmer and Patrik Smart oure Sreffis in that pairt coniunctlie and 
seueralie specialie constitute greting forsamekill as it is humblie menit 
and schawin to us be our louittis Henry Kelle Thomas Kelle Johne 
Cusset Andro Baxster and the remanent of the burges and inhabitants 
of our burgh of Kyntor That quhair Alexander Leslie of Wardres 
allegeand that he is infeft with the thayndome of Kintor and toll beir of 
our said burgh and that his predicessours and he hes bene in use and 
possessioun of uplifting of ane furlut of beir of Ilk rude of land of our 
said burgh quhilk is nocht of veritie hes summond the saids Complaneris 

I It is probably a part of these which is found in the Diet Book a few pages before this entry. 

167 



Aberdeenshire Sheriff Court: 

To compeir befoir our Sref of Abirdene and his deputis to heir thame 
decernit to refund and pay to him the said toll beir of certane yeiris 
bigane and sicklik yeirlie and termelie in tyme cuming as at mair lenth 
is contenit in thair precept direct tharupone And thair intends to get 
proces agains the saids complaneris hovvbeit thai ar infeft in our said 
burgh of Kintor be our maist nobill progenitouris of gude mynd quhome 
God assolze in fre burgage with courte plant and all utheris fredomes and 
liberteis belonging to fre burgh and for payment allanerlie of the burrow 
malis contenit in the checker rollis of the quhilks the said toll beir is na 
pairt as is notour to the lordis of our consall bot ane new extorssioun and 
exactioun And in respect that the saids complaneris ar sa frelie infeft 
with court and playnt as said is as thair infeftment schawin befoir the 
saids lords proportis Oure said Sref nor his deputis hes na Jurisdictioun 
ouer the saids complaneris nor ar na Juges competent to thame specialie 
in thair caussis concerning the commone weill of the said burgh for now 
and perpetuallie in tyme cuming and concerning the inbringing of ane 
new impositioun and exactioun of thair commoun lands quhairof thai ar 
fre be thair infeftment as said is And attour Johne Leslie of Bolquhane 
principall Sref depute of oure said Srefdome quha hes the haill rewill 
and ordoring of all the courtis tharof is neir of kin within gree dissendand 
to the said persewar sua that in caiss he wer competent he is suspect to 
be Juge to the saids complaneris in the said causs And albeit thai wald 
depute ony uther thair will be nane depute bot sic as will do as he com- 
mandis thame quhairthrow thair will be ane condampnatour gevin agains 
the saidis complaneris and the said new extorssioun and exactioun rasit 
upone thame To thair hevy dampnage and skayth as is allegit Oure will 
is heirfor &c &c (as in former example) Gevin undir our Signet At 
Edinburgh the xxiiii day of May and of our Regnne the xvi yeir 1 

Ex deliberatione Dominorum Consilii 
J Nicholsone 

IV. 

(5 January 1558-9) 

Frances and Marie be the Grace of God King and Queen of Scottis 
Daulphin and Daulphines of Viennoyis To our louittis Andro Cheyne 
Thomas Cheyne oure Sreffis in that parte coniunctlie and seueralie 
speciale constitute greting Forsamekill as it is humelie menit and schewin 
to us be oure louittis Williame Cheyne of Straloch Johnne Cheyne his 
sone and appeirand air Margaret Forbes dochter to Alexander Forbes of 
Petslego spous to the said Johnne That quhair the saidis Johnne and 
Margaret his spous hes ane parte of the landis of Bethelny and the hill of 

I. It is worthy of note that although Francis and Mary began to reign on 24th April, the 
foregoing runs in the name of Mary alone. 



Diet Books: Vol. IL, Advocations 

Bethelny adiacent tharto as ane parte of the propertie of the saidis landis 
perteining to thame in heritage and coniunct fee within the Srefdome of 
Abirdene Nochttheless Williame Seytoun of Meldrum allegeing him to 
haue commontie of the said hill to his landis of Meldrum and Tulloch hes 
rasit utheris oure letters direct to our Sref of Abirdene and his deputis 
and thairupoun our said Sreffis precept and hes summondit the said 
Williame to compeir before thame the xj day of Januare instant to heir 
and se cognitioun takin in the said mater And intends wranguslie to 
proceid in the said mater and pronunce partialie thair decreit agains 
him thairintill albeit oure said Sref and his deputis can on na wiss be 
iuges competent in the said actioun and cognosce thairintill Bot the 
same aucht and suld be aduocat to the lordis of oure counsale and oure 
said Sreff and his deputis dischargeit of all proceiding thairoun for the 
caussis following Becaus thair is deidlie feid standand unrecounsalit 
betwix oure cousing George Erie of Huntlie our Sreff principall of oure 
said Srefdome Johnne Gordoun his sone and thair freindis allya and 
parttakeris on that ane parte and the said Alexander Forbes of Petslego 
his freindis and allya on that uther parte be ressoun of crewell slauchter 
of umquhill Anthone Forbes kynnisman and famuliare seruand to the said 
lard of Petslego quha wes laitlie slane in the moneth of September last 
bipast be Maister Johnne Duff Ferquher Mcburnet Johnne Baillie and 
utheris seruandis and parttakeris with the said Johnne Gordoun and for 
the crewell wounding of James Scott seruand to the said lard of Petslego 
in his awin hous within his bed upoun the landis of Pettinbrufgar beside 
Finlater under silence of nycht committit in the moneth of August last 
bipast be the said Johnne Gordoun his freindis and seruandis in his name 
of his causing and command as said is And the said Johnne Cheyne is 
sone of the law to the said Alexr Forbes becaus he hes mariit his 
dochter and hes hir now to his wiffe Als the lard of Petslego persewit 
the said Johnne Gordoun upoun his lyfe within oure Tolbuith of Edin- 
burgh in the moneth of Nouember last bipast for the slauchter and 
crymes aboue specifiit and sua he being sone of the law to the said lard 
of Petslego and allia to him in marriage of his dochter is participant of 
the said deidlie feid And the said actioun is greit and wechtie upoun 
thre or foure mylis boundis of heretage and oure said Sreff and his 
deputis na Jugeis competent tharto Attoure George Striueling (quha is 
bruther of the law to the said Williame Chene be ressoun he hes mariit 
Elizabeth Chene his sister germane) persewit in the moneth of Nouember 
last bipast within oure Tolbuith of Edinburgh the said Williame Seytoun 
forthe tressonable rasing of fyre and burning of ane hous upoun the forsaidis 
landis and oure cousing George Lord Gordoun eldest sone to oure said 
Sref principale ane of the deputis of our said Srefdome and Johnne Leslie 
of Bolquhane ane uther- of his deputis tharof kyinnisman at the leist allia 

y 169 



Aberdeenshire Sheriff Court: 

to the said Williame come and stude at the bar with the said Williame 
Seytoun and tuk plane parte with him for his defence and Alexr Seytoun 
eldest sone to the said lard of Meldrum is dailie in houshald with the 
said Erie of Huntlie and ar kyinnismen within greis desendand at the 
leist famuliare seruandis to him for quhais favouris he will do in the said 
mater that he mai and caus his deputis do siclik Attour this actioun 
is dependand before the saidis Lordis of oure counsale betuix the 
said Williame Chene and the said lard of Meldrum anent the foirsaidis 
landis Quhilk actioun wes callit upone the penult day of the last 
sessioun and the said Williame Seytoun producit ane compromit and 
ane allegit decreit gevin in the said mater and desirit proces thairon 
And sua the said actioun is dependand before the saidis lordis undecidit 
as yit Alsua of the moneth of Januare the yeir of God j m v c xxxix 
yeiris umquhill Alexr Chene of Straloch fader to the said Williame Chene 
rasit letters direct to the said Sreff and his deputis for taking of Cognitioun 
upoun the forsaidis landis debatable And elikewiss the said Williame 
Seytoun rasit utheris letters and preceptis tharupoun for taking of Cogni- 
toun at his instance in the said mater and than thai compromittit in 
certane freindis in presence of oure said Sref and his deputis anent the 
variance betuix thame anent the forsaidis landis And that the said 
Williame Seytoun allegis that the said iugeis pronuncit thar decreit in 
the said mater quhilk he hes producit before the saidis lordis as said is 
And tharfore the said allegeit decreit aucht to haue first proces and the 
saidis complenaris thar iust defenssis agains the same and in caiss the 
same be fundin of nane awale the saidis complenaris aucht to be reponit 
in the same place that thai wer of before and equale proces aucht and 
suld be led at bayth thar instances pari passu as is allegeit Our Will is 
heirfor &c &c [as in former examples] 

Gevin under our signett at Edinburgh the v day of Januare and of 
oure regneis the first and xvij yeiris 1 

Ex deliberatione &c 



Proceedings involving Questions of Heritable Right 

I. 

(Circa June 1557) 

The said day thair was nemmit for my Lord Forbes Alexr Forbes 
of Petslego George Straittoun of Laurenstoun Johne Wischart of Pettarrow 
Arthur Forbes of Balfour Alexr Bannerman of Waltertoun Patrik Forbes 
of Corss and Maister Robert Lumisden or ony thre or tua of thame and 

I. These letters were produced at the Head Court on loth January, or on the following day, 
and given effect to by the Sheriff depute. 

170 



Diet Books: Vol. IL, Heritable Rights 

for the pairt of James Gordoun of Lesmoir Maister Williame Gordoun his 
sone Alexr Gordoun of Straythdoin George Gordoun of Geycht Johne 
Leslie of Balquhane Alexr Gordoun of Abirzeldy James Gordoun of 
Haldoch Sir Walter Ogilby of Drumlugus Knycht and Maister Johne 
Leslie Officiall of Abirdene or ony thre or tua of thame anent the 
debaittabill landis betuix Ballatar and Abirgardyne and all uther debattis 
betuix thame to convyne upoun the ground debattabill the xv day of 
July nixt cumis and thair to accept the said mater upoun thaim and to 
cognoss thairintill and to deliuer in the samen freindlie and na nowatioun 
to be maid be ayther of the saidis pairteis thairone vnto the day foirsaid 
And siclik to cognoss upoun the rycht or wrang of the poynding of the 
scheip of Johne Stewartis and restitutioun of the profittis thairof gif 
freinds thinkis it ressoun And that the scheip foirsaid be restorit to the 
said Johne Stewart on Tuisday nixt cumis upoun Cornabad betuix tene 
and tuelf houris afoir nowne And that nothir the poynding nor deliuering 
of the said guidis and scheip be nocht preiudiciall to nane of the saidis 
pairteis on the quhilks bayth the saidis pairteis tuik Act of Court 

II. 

(12 January 1557-8) 

The said day Andro Wod of Colpnay requirit Maister Robert 
Lumisden in name of the Lord Glammis his ourlord to procuir for him 
in the caussis betuix him and Johnne Wod of Balbegyno Becaus the said 
Maister Robert is bailze to the said lord Glammis of his baronie of 
Balhelwe quha refusit to procuir in the said materis on the quhilks the 
said Andro tuik act of court 

(3 February 1557-8) 

Curia Vicecomitatus de Abirdene tenta super terras debatabiles 
inter Colpnay et Uner Blairtoun tertio die mensis Februarii 
anno domini millesimo quingentesimo quinquagesimo septimo 
per honorabilem virum Johannem Lesly de Bolquhane Vice- 
comite deputato de Abirdene pro tribunal! sedente etc 

The said day Maister Robert Lumisden procuratour for Johnne Wod 
of Balbegyno accepit Andro Wodis libell of his precept of cognitioun 
agains the said Johnne and indorsatioun tharof sa far as it maks for the 
said Johnne et non aliter nee alio modo and protestit for all the said 
Johnnes defenssis in the said mater 

The said day Andro Wod of Colpnay nammit for him Patrik Mowat 
of Balquhally Alexr Hay of Delgaty or his eldest sone Patrik Leyth of 
Crano Maister Duncane Forbes of Monymusk Thomas Cheyne young 

171 



Aberdeenshire Sheriff Court: 

lard of Essilmond James Gordoun of Haldo And Maister Robert Lumis- 
den procuratour for Johne Wod of Balbegyno nammit for the said Johne 
James Wod of Bonytoun George Gordoun of Schives Knyt James 
Gordoun of Creichie Alexr Burnet of Lyis Patrik Forbes of Corss and 
Thomas Gordoun of Kennerty or ony tua or thre of thame for ilk pairty 
tuiching the debatabill bounds methis and marchis contenit in thar pre- 
ceptis of Cognitioun rasit agains utheris hinc inde And Johnne Leslie of 
Bolquhane odman and ourman in the said materis in caice of discorde to 
convene upoun the said debatabill ground on Tuisday eftir Palmsonday 
that nixt cumis viz the fift day of Aprill nixt cumis And thair ony tua 
or thre of thame with the said ourman to accept the said mater on thame 
at nyne houris afoir nowne or tharby and to ressaue sic probatioun writ 
or witnes as ayther of the saidis pairtiis plesis to produce and use and the 
witnes to be admittit als weill on summond as summond sua that thar be 
na uther lauchfull exceptioun of the law agains them And to deliuer 
that same day or the sone gang to And thar deliuerance to haif the 
strynth of ane Judiciall decreit of the Sreffis of Abirdene and to be insert 
in his buiks And preceptis to be direct tharupoun gif neid beis And 
the Sref depute foirsaid be vertew of his office and with consent of the 
said Andro Wod and Maister Robert Lumisden for Balbegyno continewit 
bayth thar preceptis hinc inde to Furisday nixt eftir the nixt Pasche 
court viz the xxj day of Aprill 1 nixt cummis to the court to be haldin 
upoun the said debatabill ground in sic strynth force and effect as it hes 
this day And in the mentyme na letters nor preceptis to be rasit be 
nane of the saidis pairtys quhill the said day Reseruand to bayth the 
saidis pairtys thar iust and lauchfull defenssis that day as this day And 
bayth the saidis pairtyis witnes ar warnit to that day apud acta with 
intimatioun as efferis 

III. 

Curia Vicecomitatus de Abirdene tenta in pretorio euisdem 
primo die mensis Februarii anno domini Millesimo quingen- 
tesimo quinquagesimo septimo per honorabilem virum Johannem 
Leslie de Bolquhane et Georgium Bissat Vicecomites deputatos 
de Abirdene coniunctim et diuisim pro tribunal! sedente &ca 

THE SAID DAY Maister Robert Lumisden for the lardis of Fyvie and 
Tolquhone and Maister Duncane Forbes Curatour for the said lard of 
Tolquhone accepit the libell of George Gordoun of Scheves Knyt precept 
of Cognitioun and indorsatioun tharof sa far as it maks for the part of 
the saidis lardis and Maister Duncane et non aliter neque alio modo And 
thareftir allegit that the indorsatioun of the said precept wes nocht 

I The Diet Book contains no record of a court on 2ist April, 1558. 
172 



Diet Books : Vol. H, Heritable Rights 

sufficient Becaus it maid na mentioun that thair wes ane copy of the said 
precept deliuerit to the said lard of Fyvie nor yit effixit upoun his gait 
conforme to the Act of Parliament And tharfor protestit that the 
indorsatioun tharof suld haif na place And Alexr Paip prolocutour for 
the said lard of Scheves allegit that the lard of Fyvie wald affirme and 
ratifie the said citatioun and tharfor the said indorsatioun wes sufficient 
And the said Maister Robert protestit that na ratificatioun that the said 
lard of Fyvie happinis to mak be nocht preiudiciall to the said lard of 
Tolquhonis actioun And thareftir the said Sref deputis Be vertew of thar 
office continewit the said Georgis precept to the sevintene day of Februar 
instant and warnit the said pairty and procuratour foirsaid tharto with 
intimatioun as efferit And thareftir the said Maister Robert requirit the 
said Sref deputis to affixt ane day to bayth the saidis pairtyis and tak 
bayth thar cognitionis one ane day And to caus to gif Tolquhone precepts 
to that day and protestit gif the said Srefis wald nocht do the samen for 
remeid of law agains thame And the said George Gordoun protestit for 
the first place becaus his letters of cognitioun wes first rasit first presentit 
and first preceptis direct tharupoun and first execute and indorsate 

Curia . . . tenta apud Monkishillok (3d May 1558) per 
nobilem et potentem Dominum Georgium Comitem de 
Huntlie Dominum Gordoun et Badzenocht etc Vicecomitem 
principalem de Abd et Willmum Leslie de Syid eius deputatum 
quo die sectis vocatis curia legitime affirmata fuit etc 

THE SAID DAY ane nobill and potent Lord George Erie of Huntlie 
etc and Shref principall of Abirdene creat James Wentoun Williame 
Slorach and Richart Huchesone his Sref deputis of the said Srefdome 
coniunctlie and seueralie and causit thame and ilk ane of thame sweir 
the gret ayth In Jugment to execute the said office lelelie and trewlie in 
all actionis concerning the samen ay and quhill thai be dischargit 

Curia . . . tenta super terras debatabiles inter terras de 
Monkishill et terras de Park et Tifty (3 May 1558) per nobilem 
et potentem dominum Georgium Comitem de Huntlie etc 
Vicecomitem principalem de Abirdene Willmum Leslie de 
Kirkhill Jacobum Wentoun Willmum Slorach et Richardum 
Huchesone vicecomites deputatos dicti vicecomitatus coniunc- 
tim et diuisim 

THE SAID DAY in the actioun and caus of Cognitioun mowit and 
persewit be George Gordoun of Scheves Knyt agains Williame Forbes of 
Tolquhone and Williame Meldrum of Fyvie Be vertew of our Souerane 
Ladiis letters and my lord Sreffis precept of Abirdene direct tharupoun 
And Maister Duncane Forbes Curatour to the said Williame Forbes for 



Aberdeenshire Sheriff Court: 

his interes Makand mentioun that quhair the said George Gordoun 
Knyt hes the landis of Monkishill with thair pertinentis lyand within the 
Srefdome of Abirdene pertening to him in few ferme heretabillie as his 
infeftment tharupone beris And his predecessouris heretabill fewaris 
and tenentis respectiue of the saids lands he and thair tenentis thairof in 
thair names hes been in possessioun of the samen be laubouring teling 
and sawing thairof casting and wynning of fewall peitis turvis faill and 
duvettis thairupoun and using of the samen utherwiss as thair heretage 
and propirtie be the bounds methis and marchis undir writtin in tymes 
bygane past memour of man That is to say Begyannand at the Monkis 
and passand doun the Monkisburne as the watter rynnis quhill it 
cum to the lang furd at the nethir end of the Monkishillok And fra- 
thyne passand up the stripe that cumis furth of the greyne myre that lyis 
betuix the Monkishillok and the Moss of Tifty and haldand up the said 
stripe and outmaist myre quhill it cum to the well heid at the Northwest 
nuik of the pelt myre of Monkishill And frathyne directlie to the Kilslak 
Quhill now laitlie in the moneth of August last bipast that Wm Forbes 
of Tolquhone and Williame Meldrum of Fyvie portionaris of the landis 
of Park aud Tifty adiacent to the said George Gordonis lands foirsaidis 
and Maister Duncane Forbes Curatour to the said Williame Forbes his 
interes hes causit fenss and arreist the cornis sawin be the said George 
Gordoun and his tenentis and seruandis in his name this instant yeir 
upoun ane pairt of his saidis landis callit Monkishillok within the boundis 
methis and marchis foirsaidis And will nocht suffer the arreistment 
maid thairon be lowsit And thairthrow hes molestit and trublit the said 
George Gordoun in his possessioun of his saidis landis and will nocht 
desist and ceis thairfra without thai be compellit CHARGEING theirfoir 
the said Sref and his deputis that incontenit the said letters sene to call 
bayth the saidis pairtys befoir thame and tak cognitioun in the said mater 
And gif it beis fundin that the saidis landis of Monkishill with thair 
pertinentis pertenis to the said George Gordoun in few ferme heretabillie 
and that his predicessours heretabill fewaris and tenentis respectiue of the 
saidis landis he and thair tenentis and seruandis in thair names hes bene 
in possessioun of the samen in manner aboue specifeit be the boundis 
methis and marchis aboue expremit in tymes bygane past memour of 
man And that now laitlie in the said moneth of August last bipast the 
saids Williame Forbes and Williame Meldrum and the said Maister 
Duncane curatour foirsaid for his interes hes causit [fenss] and 
arreist the cornis sawin be the said George Gordoun and his tenentis and 
seruandis in his name this instant yeir upoun ane pairt of his saidis landis 
callit the Monkishillok within the boundis methis and marchis foirsaidis 
And thairthrow hes molestit and trublit the said George Gordoun in his 
possessioun of his saidis landis in maner foirsaid THAT the said Sref and 

174 



Diet Books: Vol. E, Heritable Rights 

his deputis caus and compel 1 thame to desist and ceiss thairfra and loiss the 
arreistment maid at thair instance upoun the said George Gordonis cornis 
foirsaidis So that he may intromit and dispone thairupoun and keipe and 
defend him in his possessioun of his saidis landis be the boundis methis 
and marchis aboue writin as his propirtie and heretage in tyme cuming 
ay and quhill he be lauchfullie callit and ordourlie put thairfra be the law 
And that the said Sref and his deputis do Justice to bayth the saidis 
pairtiis admittand to thame thair iust and lauchfull defenssis according to 
Justice lik as in the saidis letters and precept direct thairupoun at mair 
lenth is contenit BE VERTEW of the quhilk precept baith the saidis 
pairtiis war lauchfullie summond to the sevintene day of the moneth of 
Februar last bipast to haif hard and sene cognitioun to haif been takin 
in the said mater within the tolbuith of the burgh of Abirdene Upoun 
the quhilk sevintene day of Februar last bipast the said precept and 
actioun and caus contenit in the samen wes continewit in presens of ane 
Nobill man George Lord Gordoun Johne Leslie of Balquhane Williame 
Leslie of Syid Michaell Menzeis and George Bissat Sref deputis of the 
said Srefdome for the tyme coniunctlie and seueralie with consent of 
Maister Johnne Leslie Orficiall of Abirdene Alexander Paip and Maister 
Thomas Frasser procuratours for the pairty persewar aboue writin and 
with consent of Maister Robert Lumisden procuratour for the pairtiis 
defendaris and curatour foirsaid in sic strenth force and effect as it hed 
that day to this day to the court to be haldin upoun the debatabill 
ground aboue specifeit this day and the saidis procuratours warnit thairto 
apud acta with intimatioun as efferit And the said George Gordoun of 
Scheves Knyt compeirand in Jugment with Maister Thomas Frasser his 
procuratour and desirand proces in the said mater conforme to the said 
letters and precept direct thairupoun and continewatioun of the said 
precept to this day And the saidis pairtiis defendaris and the said Maister 
Duncane curatour to the said Williame Forbes beand oftymes callit and 
nocht compearand lauchfull tyme of day biddin the said Sref and his 
deputis foirsaid decernit the said actioun and caus to the said George 
Gordonis probatioun quha thane instantlie producit his instrument of 
possessioun of the saidis landis undir the signe and subscriptioun of 
notar publik of the dait the day of the moneth 

of the yeir of God ane thousand fyve hundreth 

yeiris togidder with certane famous witnes lauchfullie summond to this 
day to beir witnes in the said mater for the part of the said George 
Gordoun that is to say William Watsone in Gowell Patrik Cowpar in 
Nethir Rothy Johnne Low in Carthin Robert Schand in Auchmaledy 
Robert Thomsone in Litill Gurdas Alexr Smyth in Stenbrig Andro 
Curker in Fyvie Williame Scott in Blairfoull Johnne Smyth in Stanemon- 
hill and Andro Buchane in Creichnaled Suorne the greit aytht in the 



Abcrdeenshire Sheriff Court: 

jugment and diligentlie exemit be the said Sref and his deputis in the 
said mater And thaireftir the said Sref and his deputis foirsaid being 
reply and at lenth awisit with the said instrument of possessioun and the 
depositionis of the witnes aboue specifeit eftir lang and mature consulta- 
tioun maid and hed be thame thairwith in the said mater FAND and 
deliuerit that the saidis landis of Monkishill with thair pertinentis 
pertenis to the said George Gordoun in few ferme heretabillie and that 
his predicessouris heretabill fewaris and tenentis respectiue of the saidis 
landis he and thair tenentis and seruandis in thair names hes bene in 
possessioun of the samen in maner aboue specifeit be the boundis methis 
and marchis aboue expremit in tymes bigane past memour of man And 
that in the said moneth of August last bypast the saidis Williame Forbes 
and Williame Meldrum and the said Maister Duncane Curatour 
foirsaid for his interes causit fenss and arreist the cornis sawin be the said 
George Gordoun and his tennentis and seruands in his name the yeir 
libellit upoun ane pairt of his saidis landis callit Monkishillok within the 
boundis methis and marchis foirsaid QUHAIRFOR the said Sref and his 
deputis foirsaid decernit and ordanit the said Williame Forbes and 
Williame Meldrum and the said Maister Duncane Forbes curatour foir- 
said for his interes to desist and ceiss thairfra in tymes cuming And 
losit the arreistment maid at thair instance upoun the said George 
Gordonis cornis foirsaid sua that he mycht intromet thairwith and dispone 
thairupoun And als decernit and ordanit the said George Gordoun to 
be kepit and defendit in his possessioun of his saidis landis of Monkis- 
hillok be the boundis methis and marches aboue writin as his propirtie 
and heretage in tyme cuming ay and quhill he be lauchfullie callit and 
ordourlie put thairfra be the law con forme to oure Souerane Ladiis 
letters foirsaid according to iustice And ordanit preceptis to be direct 
heirupoun gif neid beis One the quhilk the said George Gordoun tuik 
act of court and instrument 

IV. 

(17 February 1557-8) 

The said day in the actioun and caus mowit and persewit be Beatrix 
Dunbar the relict of umquhill Johnne Straquhyne of Lenturk Be vertew 
of our Souerane Ladiis letters and my lord Srefis precept direct thair- 
upoun agains Johnne Straquhyne of Thornetoun now lard of Lenturk 
Anent the said Beatrix terce of all and sundrie the landis tounis and 
baronie of Lenturk with the pendiculis and pertinentis thairof allegit 
reseruit to the said Beatrix in the infeftment maid and gevin be hir said 
umquhill spouss be alienatioun and venditioun thairof to the said Johnne 
Straquhyne of Thornetoun his airis and assignais lik as in the said letters 
and precept direct thairupone at mair lenth is contenit .... The 

176 



Diet Books: Vol. tt, Heritable Rights 

said Sref deputis for certane caussis moving thame for the tyme continewit 
thair interlocutour thairupone and siclyk the principall actioun and caus 
of Cognitioun specifeit in the said letters and precept to the morne vizt 
the auchtene day of Marche [? February] instant to the courte to be 
haldin in Auld Abirdene in the Bischopis Hall of the samen .... 

(20 April 1558) 

" The said day in the actioun and causs of Cognitioun movit and 
persevvit be Beatrix Dunbar the relict of umquhill Jon Straquhyne of 
Lenturk agains Johne Straquhyne of Thorntoun anent hir ressonabill 
terce of the barony landis and townis of Lenturk with thair pendiculis 
and pertinence .... The said Sref depute desirit the saidis pairty 
and procuratour to produce thair rychlis and Juris hinc inde in the said 
mater gif tha had ony mair to produce thairintill And thaireftir the said 
Beatrix be maister Jon Kennedy hir prolocutour producit ane copy of 
ane Chartour of Confirmatioun of the Quenis grace confirmand the 
Chartour of Alienatioun maid be the said umquhill Jon Straquhyne of 
Lenturk to Jon Straquhyne of Thorntoun of the landis and baronie of 
Lenturk subscriuit with the hand of Maister James McGill Clerk of our 
souerane ladiis register and ane procuratorie allegit subscriuit with the 
hand of the said Jon Straquhyne of Thorntoun and ane copy of ane 
reuersioun subscriuit be Sir Andro Skeoch Notar and ane act of the 
Justice Air of Abirdene subscriuit be James Myllar writtar thairintill for 
the tyme and als ane copy of ane contract subscriuit be Sir Jon Ballan- 
tyne Justice Clerk and als the copy of ane Contract maid betuix the said 
umquhill Jon Straquhyne of Lenturk and the said Jon Straquhyne of 
Thorntoun subscriuit with the hand of Michaell Marioribanks notar And 

protestit for ane Condampnatour 

NOTE. No decision recorded here and no further trace of case. 

V. 

(5 April 1559) 

The said day it is appoyntit and finalie compromit betuix honoll 
men James Gordoun of Creiche in name and behalf of Barbara Hay of 
Nethir Lesk his spouss oblegen him de rato et grato for hir and him self 
for his interes one that ane pairt and Willeame Lesk of that ilk one that 
uther pairt in maner forme and effect as eftir followis That is to say the 
saids personis are bundin and oblegit in Jugiment in presens of the saids 
Sref deputis interponen thair autorite thairto to stand and abid underly 
fulfill and keip the decreit diliuerance and finale sentence arbitrate of 
thir personis under writin nemmit and chosin be thame respectiue That 
is to say for the part of the said Barbara and James hir spouiss for his 
interes Johnne Leslie of Bolquhane Williame Leslie of Kirkhill Thomas 

z 177 



Aberdeenshire Sheriff Court: 

Meldrum of Iden and Maister Robert Lumisdene burges of Abirdene or 
ony tua of thame And for the pairt of the said Williame Lesk Willeame 
Oudny of that Ilk Thomas Chene young lard of Essilmontht Alexr 
Bannerman of Wattertoun and Maister Johnne Kennedy or ony tua of 
thame as Jugis arbitratouris and amicabill compositouris and of ane 
Venerabill man Maister Johnne Leslie officiale of Abirdene odman and 
ouerman equalie nemmit and chosin be baytht the saidis pairtiis in caiss 
of variance or discord amang the said arbitratouris tuiching the said 
Barbarais and hir predecessours heretours of the said lands of Nethir 
Lesk lyand within the Srefdome of Abirdene possessioun thairof baytht 
in propirtie and commonte respectiue within certane boundis methis and 
marchis specifiit in the said Barbarais and James precept respectiue rasit 
be thame agains the said Williame thairupoun anent the allegit molesta- 
tioun and trubling maid to thame be the said Williame his seruandis and 
complices in his name of his causing command assistance and ratiha- 
bitioun thairintill lik as in the said precept at mair lynth is contenit and 
siclik anent the said Williame Leskis clame and interes that he pretendis 
to haif to the said debatabill landis Quhilks pairtiis god willing sail 
convene and sa far as is in thame sail caus convein with thame tua of the 
saidis Jugis arbitratouris afoir specifiit for ilk pairty togidder with the 
odman and ouerman afoir nemmit upoun the debatabill ground contenit 
in the said precept one the first day of the moneth of May nixt cumis at 
nyne houris afoir noone or thairby and thair to accept the said mater on 
thame some [sworn] or one some at the willis of the pairtiis and als the 
saidis pairtiis to be some thairto at the willis of the saidis arbitratouris 
and ouerman and to begyne the said mater that samen day and hour or 
thairby and to ressaue sax vitnes for ilk pairty summond or one summond 
sua thair be na uther lauchfull exceptioun of the law agains thame And 
thaireftir to cognosce thairintill and the saidis arbitratours to deliuer and 
gif furth thair decreit deliuerance and finale sentence arbitrale thairintill 
within xxiiij houris nixt thaireftir thair acceptatioun And the said odman 
and ouerman in caiss of discord or variance amangis the saidis arbitra- 
touris to gif furtht his decreit and deliuerance in the said mater within 
uthir xxiiij houris nixt thaireftir upoun the said ground And howevir 
the saidis arbitratouris and ouerman or the maist pairt of thame decretis 
and deliueris in the said mater the saidis pairtiis to obserue fulfill and 
keip the samen ilk ane for thair awin pairt but ony reuocatioun appella- 
tioun or reclamatioun thairfra in ony manner of way in tyme cuming 
One the quhilks the saids James and Williame hinc inde tuik actis of 
court and instrumentis afoir the said Sref deputis 1 and Maisteris Oliuer 
Pantoun Alexr Blakhall Gilbert Murray and Wm. Settoun notars publik 
with uther diuerss 

i These were on this occasion John Leslie of Bolquhane, George Baird, Mr. James Stevin, 
and Andrew Foullartoun. 

178 



Diet Books: Vol. H, Occupancy of Land 

Proceedings involving questions as to occupancy of land. 

I. 

(June 1557) 

The said day in the actioun and caus mowit and persewit be ane 

nobill and potent Lord George Erie of Huntlie Lord Gordoun and 

Badzenocht etc agains Williame Gordoun in Auchannoquhy Be vertew 

of my lord Srefis precept of Abirdene for the wrangus and violent 

occupatioun of the saidis landis of Auchannoquhy and croft of Rovane 

with thair pertinentis pertening to the said Erie in heretage lyand in the 

baronie of Strabogye within the Srefdome of Abirdene sene the feist of 

Witsounday last bipast in the yeir of God ane thousand fyve hundreth 

fifty sevin yeiris he beand lauchfullie warnit afoir the said terme and feist 

of Witsounday last bipast upoun the premunitioun of fourty dayis 

preceding the said feist conforme to the new act of parliament maid 

thairupoun to haif removit thairfra at the said feist of Whitsounday last 

bipast lyik as in the said precept at mair lynth is contenit Be vertew of 

the quhilk precept the said Williame was lauchfullie summond to the 

auchtene day last bipast of the said moneth of Junii instant to haif 

ansuerit in the said mater at the said Erlis instance in the Sref Court 

haldin that day in the tolbuith of Abirdene upoun the quhilk xviij day of 

Junii foirsaid the said Williame Gordoun beand oft tymes callit and nocht 

compearand lauchfull tyme of day biddin George Bissat Sref deputat of 

the said Srefdome for the tyme continewit the said actioun be vertew of 

his office to this instant day of Junii and ordanit intimatioun thairof to 

be maid to the said Williame deulie as efferit in presens of Maister 

Johnne Innes procuratour for the said Erie lauchfullie constitut in the 

said mater quhilk intimatioun thairof was deulie maid to the said 

Williame be Andro Fullertoun ane of the Mairis deputis of the said 

Srefdome And the saidis Erie and Williame compeirand bayth personalie 

this day in iugment And the said Erie desyrand proces in the said mater 

the said Williame was content to remove furth of the saidis landis of 

Auchannoquhy and croft of Rovane with thair pertinentis with all 

diligence QUHAIRFOIR the said Sref deputis deliuerit and ordanit the 

said Williame Gordoun of his awin confessioun and grant maid afoir 

thame in iugment to remove him self his wyffe seruands guidis and geir 

furth of the saidis landis of Auchannoquhy and croft of Rovane foirsaid 

with thair pertinence within thre dayis nixt thaireftir conforme to the 

said precept and lauchfull warning maid thairupoun abefoir as 

said is and ordanit preceptis to be direct thairupoun in forme of law 

gif neid beis one the quhilks the said Erie tuik Act of Court and 

instrument 

179 



Aberdeenshire Sheriff Court: 

II. 

(Circa November 1557) 

WE Johnne Leslie of Balquhane and Maister Robert Lumisden 
burges of Abirdene luges Arbitratours and amicabill compositatours 
equalie chosin betuix Williame Mertin executour testamentar to umquhill 
Jonet Sangster his moder persewar on that ane pairt and Gilbert 
Merchand defendar one that uthir pairt Tuiching the said Williamis 
clame of tene bollis of beir sawing estimet to the thrid corne the price of 
the boll with the fodder tuente sax schilling aucht penneis Scotis money 
clamit be him at the said Gilbert be ressoun of intromissioun laubouring 
and withhalding of saxtene ruddis landis of the toune of Newburgh 
Hand within the Srefdome of Abirdene and melling and disponing the 
haill proffeitis thairof of the yeir of God ane thousand fyve hundreth 
fyftie four yeiris pertening to the said Williame as executour foirsaid lik 
as in his libellit precept maid and rasit thairupone at mair lynth is 
contenit WE the saidis Johnne and Maister Robert being riply and at 
lynth awisit with the rychtis and probationis of ayther of the saidis 
pairtiis producit and usit afoir us FlNDiS decreitis and decernis the said 
Gilbert to content refound and pay to the said Williame as executour 
foirsaid for the ressonis and caussis aboue specifeit tuelf bollis of beir with 
the fodder the price ilk boll with the fodder tuente sax schillingis viij d 
Scotis money of the crope of the yeir of God ane thousand fyve hundreth 
fifty fyve yeiris The said day William remittand thairof to the said 
Gilbert thrette schillingis Scotis money for the maill of the saidis ruddis 
lik as the said umquhill Jonet suld haif payit for the samen And als 
remittand to the said Gilbert for the teling of the said saxtene ruddis 
and fulze laid be him thairupone the yeir foirsaid fourtie schillingis 
money foirsaid And ordanis the said Gilbert to pay the premissis to the 
said Williame betuix this and the feist of pasche nixt cumis 

(Entry ends next page missing.) 

(20 April 1558) 

The said day in the actioun and caus intentit be Maister Jon Leslie 
officiall of Abirdene agains Alexr Lyoun for the wrangus intromitting 
of tua croftis Hand in the eist territour of the croftis of Abirdene the 
tayne Hand betuix the land of Jon Moir on the North pairt and the croft 
of Gilbert Kyntor younger one the South pairt and the other croft callit 
Heddonishill Hand thair betuix the croft of Alexr Collisone one the 
North pairt and the croft of Patrik Leslie one the South pairt in the 
moneth of Marche the yeir of God ane thousand fyve hundreth fifty sax 
yeiris or thairby pertinand to the said Maister Jon in tak and assedatioun 
maid to him thairupone be Andro Murray with consent of Katherine 
Lyoun his spous he thane being in possessioun of the samen be himself 

1 80 



Diet Books: Vol. IL, Occupancy of Land 

and his subtennentis in his name and teilling and sawing of the samen be 
the said Alexr without titill or rycht of the said Maister Jon lik as in the 
Srefis precept direct thairupone at mair lenth is contenit Be vertew of 
the quhilk precept the said Alexr wes lauchfullie summond to the last 
day of July last bipast to haif ansuerit at the said Maister Johnis instance 
in the said mater At the quhilk day the said Alexr comperit in jugment 
befoir Jon Leslie of Bolquhan and George Bissat Sref deputis of the said 
Srefdome for the tyme and thane he beand accusit upone the contends 
of the said precept he producit ane assedatioun maid to him upone the 
said croft callit Heddonishill be Andro Murray burges of Abirdene sub- 
scriuit with the said Androis hand of the dait the last day of October the 
yeir of God 1556 yeiris and desirit ane day to call his warrand or he 
enterit in ply quhilk Sref deputis assignit him the fift day of October 
nixt thaireftir to call his said warrand as he wald be seruit and thane 
continewit the said precept to that day one the quhilk day thair was na 
court haldin and sua the said mater slepit and thairfor the said Alexr 
beand lauchfullie summond warnit and chargit to this day be vertew of 
oure uther precept to produce and bring with him his said warrand gif he 
ony had and to heir and se forder proces in the said mater according to 
iustice with dew intimatioun as efferit And the said Alexr compeirand 
personalie in jugment this day and beand requirit to produce his warrand 
gif he ony had producit nane nor wald say na thing contrar the tennour 
of the precept bot held him at his assedatioun and grantit the occupatioun 
of the croftis contenit thairintill And thaireftir the said Sref depute 
decernit the said actioun and caus to the said Maister Johnis probatioun 
quha thane instantlie producit ane assedatioun maid to him of the said 
croftis be Andro Murray with consent of Katherine Lyoun his spous of 
the dait the tuenty saxt of Januar the yeir of God Ane thousand fyve 
hundreth fifty fyve yeiris and tuk Mounday nixt eftir the trinite Sonday 
nixt cumis viz the saxt day of Junii nixt cumis to preif for the secund 
terme of probatioun in the said mater and warnit the said Alexr thairto 
with intimatioun as efferit 

The said day Maister Gilbert Murray protestit that quhat beis done 
in the actioun and caus afoir writin betuix Maister Jon Leslie and Alexr 
Lyoun preiuidice nocht nor hurt nocht him nor his titill of the croftis 
foirsaid quhilk he allegit him to haif the samen one the quhilk the said 
Maister Gilbert tuik act of court 

IV. 

(20 April 1558) 

The said day in the actioun and caus pcrsewit be Alexr Leslie 
fractenmentar of the baronie of Leslie and tenendries of the samyn agains 
his fre tenentis for his releif of certane taxationis payit be him for the 

181 



Aberdeenshire Sheriff Court: 

said baronie baytht propirtie and tenendries thairof for thair pairtis of the 
samyn respective affeirand to thair tenendries tha hald of him lik as in 
my lord Shrefis precept direct thairupoun at mair lenth is contenit Be 
vertew of the quhilk precept Jon Leslie fear of Leslie Maister Jon Forbes 
portionar of Barnis George Leslie of New Leslie Patrik Leitht of Likle- 
heid George Leytht portionar of Edingarraucht Wm Leitht portionar of 
Barnis and Andro Leslie in Tothleis war lauchtfullie summound to this 
day to haif ansuerit at the said Alexris instance in the said mater and 
tha beand oft tymes callit and nocht compearand lauchtful tyme of day 
biddin the said Shref depute decernit the said actioun to the said Alexris 
probatioun Qhua than instantlie producit ane acquittance of fifty 
schilling of taxit of the dait the twente aucht day of August the yeir of 
God 1557 yeiris subscriuit with the hand of Maister Jon Nicholson 
Collector of the said taxitis for the tyme and refarrit the remanent of his 
libell to his pairties aytht and the said Shref depute ordanit thame to be 
warnit to the saxt day of Junii nixt cumis to depone the verite in the 
said mater respective 

V. 

(10 January 1558-9) 

The said day in the actioun and caus of violence movit and persewit 
be Archbald Douglas of Glenbervy agains Alexr Forbes appeirand air of 
Thainstoun Agnes Gordoun his moder and Agnes Tulledeff the relict of 
umquhill Henry Forbes of Thainstoun Be vertew of my Lord Shreffis 
precept of Abirdene makand mentioun that quhair the said Archbald hes 
the ward nonentres mareage and releif of Kynnellar and Thainstoun 
witht thair pertinence Hand in the parocheis of Kynnellar and Kynkell 
respectiue within the Shrefdome of Abirdene of our Souerane lady the 
Ouenis grace Lik as in hir grace gift maid to him thairupoun mair fullelie 
'is contenit Be vertew of the quhilks the saidis landis now perteins to him 
lik as thai haue pertenit to him be the space of tua yeiris last bipast 
witht the mair be ressoun of oure Souerane Ladiis said gift thairof maid 
to him upoun the ward nonentres manage and releif thairof as said is 
And that he befor the feist of Witsonday in the yeir of God j m v c fifty 
sevin yeiris be vertew of his awin precept and witht his awin officiar 
causit lauchtfullie warne the saidis Alexr Forbes Agnes Gordoun and 
Agnes Tulledeff occupyaris of the saidis landis of Kynnellar and Thains- 
toun respectiue be thame selffis and utheris in thair names to haue 
removit thame selffis thair subtenentis and seruandis cottaris gudis and 
geir furtht of the saidis landis respectiue at the said feist of Witsonday 
in the yeir of God forsaid upoun the premunitioun of fourty dayis pre- 
ceding the said feist of Witsonday conforme to the new Act of Parliament 
mair thairupoun Nochttheless the saidis personis respectiue as yit hes 
nocht removit nor flittit thame selffis thair subtenentis seruandis cottaris 

182 



Diet Books: Vol. IL, Occupancy of Land 

guds nor geir furtht of the saidis landis hot hes occupiit the samyn 
wranguslie and wiolentlie continewalie sene the said feist of Witsonday 
but ony titill of rycht of the said Archbald and intendis nocht to remove 
and flitt thairfra nor yit to refound and pay to the said Archbald the 
profittis that he mycht haue had and gottin of the saidis landis and he 
had occupiit the samyn witht his awin propir gudis during the space 
forsaid lik as in the said precept at mair lenth is contenit Be vertew of 
the quhilk precept the saidis Alexr Agnes and Agnes war lauchtfullie 
summond to this day to ansuer at the instance of the said Archbald for 
the wrangus occupatioun of the saidis lands of Kynnellar and Thainstoun 
ilk ane for thair awin pairtis respective continewalie sene the said feist of 
Witsonday in the yeir of God forsaid And the saids Alexr Forbes and 
Agnes Gordoun compeirand personalie in jugement and wald say na 
thing contrar the effect and tennour of the said precept Quhairfoir the 
said Sref principall decernit the said actioun and caus to the said Arch- 
bald's probatioun tuiching thair said tua pairtis thairof And Williame 
Douglass of Kemnay sone and procuratour for the said Archbald tuik 
him to preif the samyn agains the said Alexr Forbes and Agnes Gordoun 
for thair pairtis thairof the fift day of Aprill nixt to cum for the first 
terme in presens of the said Alexr and Agnes with intimatioun as efferit 
And Maister Robert procuratour for the said Agnes Tulledef 

producit tua contractis extractit out of the consistorie bukis of Abirdene 
ane of the dait the xxiiij day of June the yeir of God j m v c xlix yeiris 
and ane uthir of the dait the aucht day of September the yeir of God 
j m v c fifty yeiris tuiching the said Agnes Tulledef rycht and pairt of the 
saidis landis and desyrit ane day to call hir warrand specifiit in the said 
contractis or scho entirit in pley And the Sref principall assignit hir the 
said fift day of Aprill nixt cumis to call hir warrand as scho wald be 
seruit and continewit the said Archbaldis precept to the said day in 
presens of the said Maister Robert hir procuratour and warnit him 
thairto apud acta with intimatioun as efferit 

(5 April 1559) 

The said day in the terme assignit to Archebald Douglass of Glen- 
berve to preif for the first terme in the actioun and caus of violance &ca 

&ca producit our souerane lady the Quenis Grace gift 

maid to him upoun the ward of the saidis landis of Thainstoun and 
Kynnellar under the Priva seill of the date at Striuelling the first day of 
Marche the yeir of God 1556 yeiris and of hir Grace regnne the fiftene 
yeir And als ane precept of warning of the date the tuenty tua day of 
Aprile the yeir of God 1557 yeiris And also producit Alexr Taileour in 
Auchquhartin Johnne Donaldsone in Lauchtthintulle Johnne Johnnstoun 
thair Gilbert Chessour in Thainstoun Dauid Tailzeour thair Thome 

183 



Aberdeenshire Sheriff Court : 

Fergus in Innerowre James Straquhyne thair and Robert Johnnstoun 
thair And protestit for ane condampnatour And the Sref deputis foirsaid 
assigneit the xxvj day of May nixt to cum to gif ane decreit in the said 
mater and warnit the said pairtiis thairto apud acta with intimatioun as 
afferit 

(Eo. die) 

The said day Maister Oluer Pantoun prelocutour for Alexr Forbes 
of Thainstoun allegit and proponit in name of the said Alexr that he is 
in minorite and less aige and within curatorie and na curatouris callit in 
the actioun and caus intentit agains him be Archebald Douglas of Glen- 
bervy and thairfor protestit that quhat beis done in the said actioun hurt 
him nocht and for ane absoluitour of the actioun as it is intentit for the 
caussis foirsaid 

(No further trace.) 

VI. 

(5 April 1559) 

The said day Thomas Irwin being summound to this day to heir and 
se Monane Hog to be suorne and depone the verite upoun the contentis 
of ane precept rasit be the said Monane as Chalmerlane to ane nobill and 
potent lord Williame Erie Merschell for the tyme of his landis of Garlogy 
and myln of the samyn and myllandis thairof lyand in the barony of 
Skeyne within the Shrefdome of Abirdene Be vertew of the quhilk precept 
the said Thomas was lauchtfullie summound to the last day of July the 
yeir of God 1557 yeiris for the wrangus withthaldin fra the said Monane 
of the maillis dry multure and customis of the schaddow half of the 
saidis landis of Garlogy and myln and myllandis thairof induring the 
yeiris of God 1553 fifty four and fifty fyve yeiris extending yeirlie during 
the said space to the maillis dry multuris and custumis eftir following 
That is to say the said schaddow half landis fourty sax schilling aucht 
penneis of penny maill thre bollis meill of dry multure and custum the 
price of the boll thritte thre schilling four penneis half ane mart the price 
tuenty thre sh four penneis half ane wodder the price sax schilling tuente 
pultre the price of the pece aucht penneis fourtene caponis the price of 
the pece auchtene penneis ane boll of custum aittis the price threttene 
schilling four penneis and the maill of the said myln and myllandis 
thairof four merkis and ane sweyne the price thrette schilling scottis 
money ilk yeir during the said thre yeiris And than the said Thomas 
being accusit thairupone afoir Johnne Leslie of Bolquhane and George 
Bissat Sref deputis of Abirdene for the tyme sittand in jugement in the 
tolbuytht of Abirdene The said Thomas than refarrit to the said Monanis 
aytht gif the said Monane accepit the lard of Drum for the haill contents 
of the said precept and dischargit the said Thomas thairof lyk as in the 

184 



Diet Books: Vol. IL, Occupancy of Land 

said precept and act maid thairupone at mair lenth is contenit And the 
said Thomas being oft tymes callit this day to compeirto heir and se the 
said Monane to be suorne and depone the verite in the said mater and 
nocht compeirand lauchtfull tyme of day biddin the said Sref deputis 
causit the said Monane to sueir the greit aytht in jugement to depone the 
verite in the said mater Quha being suorne deponit opinlie in jugement 
that he nevir tuik the lard of Drum for the contentis of the said precept 
nor yit was offert to him for the samyn and that the haill contentis of the 
said precept ar of verite and leill and trew QUHAIRFOIR the said Sref 
deputis decernit and ordanit the said Thomas to content refound and pay 
to the said Monane the maillis and prices of the dry multuris and 
custumis of the said Schaddow half lands and myln and myllands thairof 
aboue specifiit conforme to the libell of the said precept as is afoir writin 
except thai modifiit with the said Monaneis awin consent the price of the 
capone yeirlie tuelf penneis and the price of the sweyne yeirlie tuenty 
schilling And that within terme of law and ordanit preceptis to be direct 
heirupoun giff neid beis One the quhilk the said Monane tuik act of 
Court and instrument 

VII. 

(4 May 1559) 
The feird day of May the yeir of God 1 5 59 yeiris 

The said day Gilbert Menzeis elder burges of Abirdene become ful 
dettour for Williame Hay of Ure to pay to Maister Johnne Nicholsone 
Chaplane of Sanct Nathalans Chaplanrie within the Chapell of Cowe the 
sowme of saxtene schilling aucht penneis scottis mone for ilk boll of 
tuenty fyve bollis and ane half of beir for the fermes of the croftis rigis 
and landis of his said Chaplanrie of the crop of the yeir of God ane 
thousand fyve hundretht fyftie aucht yeris betuix this [and] Ywill nixt 
cumis And also to pay to the said Maister Johnne his aids 
executours and assignais tuenty fyve bollis of beir and ane half boll 
gude and sufficient stuf for the fermes of the croftis rigis and landis 
of the said Chaplanrie of the crope of the yeir of God ane thousand 
fyve hundretht fifty nyne yeiris betuix the feist of the pureficatioun of our 
lady callit Candilmes and the rude day callit the inuentioun of the haly 
croce nixt cumis or than the hiest price that beir hapins to gif the cuntre 
for the tyme And is content that preceptis be direct heirupoun to poynd 
and distrenze for the same termlie as neid beis And the said Williame 
Hay of Ure obligis him his airis executours and assignais landis and 
gudis present and to cum to releif and keip sk-iythtles the said Gilbert 
his airs executours and assignais of the premissis at the termes foirsaid 
And that preceptis be direct thairupoun siclik for the said Gilbertis 

AA 185 



Aberdeenshire Sheriff Court: 

releifas neid beis afoir thir witnes Johnne Hay Maister Robert Hay 
broder germane to the said Williame Hay Mawnus Mowat in Glythnocht 
and Maister Williame Settoun notar publik Gilbert Menzeis wt my hand 

Breach of Arrestment 

(10 January 1558-9) 

The said day in the actioun and caus mowit and persewit be Jerome 
Blak agains James Turing in Newburgh anent the maisterfull and 
wrangus brakin of ane arreistment maid be vertew of my lord Sreffis 
precept of Abirdene at the instance of the said Jerome Be Johne Bissat 
ane of the mair deputis of the said Srefdome upone the xvj day of the 
monetht of July the yeir of God ane thousand v c fifty aucht yeiris upoun 
all and sundrie the cornis baytht beir and aittis pertening to the said James 
than growand upoun the said Jeromis croftis callit the Thornehill Chapell 
Croft and the Law Hand within the toun of Newburgh and Srefdome of 
Abirdene arreistit at the said Jeromis instance for his fermis and dewiteis 
awand to him be the said James for his saidis croftis And the said 
arreistmentis wranguslie brakin be the said James and his seruandis and 
complices in his name at his command assistence and ratihabitioun in 
the monethis of August and September nixt thaireftir respectiue last 
bipast in the away takin of the saidis beir and aittis of the groundis of 
the saidis croftis quhair thai war than standand under arreistment on- 
lowsit lik as in my lord Scheriffis precept of Abirdene direct thairupoun 
at mair lenth is contenit Be vertew of the quhilk precept the said James 
wes lauchtfullie summond to this day to ansuer at the instance of the 
said Sref of Abirdene and his deputis be vertew of his office 1 And als 
at the instance of the said Jerome sa far as the said mater concernit him 
for the brakin of the arreistment And the said James being oft tymes 
callit and nocht compeirand lauchfull tyme of day bidin the said actioun 
and caus wes decernit to the said Jeromis probatioun and the said Jerome 
tuik him to preif the samyn upoun the fift day of Aprile nixt to cum 
with intimatioun heirof to be maid to the said James dewlie as efferis 
and that for the first terme of probatioun 

(No further trace.) 

Fining of Jurors 

I. 

(April 1559) 

The said day Johnne Mortymer of Cragywar being chosin and 
writtin this day to haif passit upoun ane inqueist for serving of our 

I No mention of procurator fiscal here as is found in similar cases at a. later period. 

1 86 



Diet Books : Vol. IL, Fining of Jurors 

souerane Lord and Ladiis brevis of thair chancellarie passit away one 
dischargit he being oft tymes callit thairto Quhairfor he is in amerciament 
of the court sic as he aucht to tyne of law and that is gevin for dome 

II. 

Curia vicecomitatus de Abirdene tenta in pretorio eiusdem 
decimo tertio die mensis Maij anno domini Millesimo quingen- 
tesimo quinquagesimo nono per honorabilem virum Willelmum 
Leslie de Kirkhill et Magistrum Alexandrum Blakhall vice- 
comites deputatos de Abirdene coniunctim et diuisim pro 
tribunal! sedente 

The said day the personis of inqueist quhilks war chosin admittit 
and suorne of befoir for seruing of Elizabeth Forbes brevis of terce the 
relict of umquhile Patrik Barclay of Towy of ane ressonabill terce of All 
and sundre the landis and anuell rentis in the quhilks hir said umquhile 
spous deit last vestit and sasit as of fee etc Hand within the Shrefdome of 
Abirdene That is to say Thomas Chene young lard of Essilmonth Alexr 
Leslie of Petcapill James Gordoun of Creichie Willeame Lesk of that 
ilk Willeame Spens of Boddum Willeame Straquhyne of Glenkyndy 
Robert Cultis of Auchtercoull Alexr Buchane of Auchmacoy Alexr 
[Chalmer] of Cultis Alexr Skeyne of that ilk Willeame Cheyne of 
Arnage Alexr Tulledef of Ranistoun Alexr Chalmer of Balnacrag 
Thomas Fresser of Belty-Fresser and Johnne Chene of Crabstoun being 
lauchfullie summound and warnit be vertew of my lord Srefis precept at 
command and charge of oure Souerane lord and ladiis letters direct to 
the said Sref and his deputis thairapoun to compeir this day in the 
tolbuytht of Abirdene and to deliuer affirmatiue or negatiue upoun all 
the pointis of the said Elizabeths breif of terce foirsaid ilk persone for 
thame self under the pane of ten pundis and in caice ony of thame war 
deid-seik or furtht of the realme thair was utheris summond to compeir 
the said day and place to be adminit in thair places for to deliuer 
affirmatiue or negatiue upoun the points of the said breif under the pains 
foirsaid And the saidis personis of inqueist being callit comperit all 
except Willeame Spens of Boddum quhilk was seik and verefiit be ane 
testimoniall of his curat and be uther famous witnes in jugement And 
except Thomas Fresser of Belty-Frasser quhilk being oft tymes callit and 
nocht compeirand nor in lauchtfull excuiss maid for him lauchtfull tyme 
of day biddin Quhairfoir he was put in Amerciament of the court of ten 
pundis conforme to the said letters and my lord Srefis precept direct 
thairupoun And that was gevin for dwme be the mowtht of James 
Penland dempstar of the Court for the tyme And Maister George Forbes 

187 



Aberdeenshire Sheriff Court : 

procuratour for the said Elet protestit that the absens of the said Thomas 
Fresser be nocht preiudiciall nor hurt to the said Elizabethis actioun and 
caus and for remeid of law agains him for absenting of him self and 
postponing of hir caus quhene tyme and place requirit one the quhilk he 
tuik act of court and instrument And als the said Maister George tuik 
act of court that Wm. Straquhyne of Tibbartay was admittit be the lard 
of Tovvy and Maister Thomas Fresser his prolocutour to be adminit to 
the inqueist afoir writin in place of Wm Spens of Boddum quha was seik 
as said is 

(Eo. die) 

The said day Alexr Cuming of Cultir Willeame Oudny of that ilk 
Johnne Pantoun of Pettmadden and Gilbert Reid of Colistoun being 
summond to this day to haue bene adminit in the places of the personis 
of inqueist afoir writin that hapenit to be deid seik or furth of the realme 
and nocht compeirand lauchtfull tyme of day biddin thai and ilk ane of 
thame is in amerciament of the court of tene pundis eftir the forme of 
our Souerane lord and ladiis letters direct thairupoun and that is gevin 
for dwme be the mowth of James Pentland dempstar of the Court for the 
tyme 



Sedertmt of a Head Court and List of Absent Barons' 

Curia Capitalis vicecomitatus de Abirdene tenta in pretorio 
eiusdem decimo die mensis Januarie Anno Domini millesimo 
quingentesimo quinquagesimo Octauo per honorabiles viros 
Willelmum Leslie de Kirkhill et Georgium Bissat burgenses de 
Abirdene vicecomites deputatos dicti vicecomitatus pro tribunal! 
sedente etc Quo die sectis vocatis curia legittime affirmata fuit 

Nomina absentium 

D de Erroll D.p.s." D de Brothik D.p.s. 

D de Forbes D.p.s. D de Phillorth D.p. 

D de Elphinstoun D.p.s. D de Baquhallie D.p. 

D de Erskyne D.p.s. D de Oudny D.p. 

D de Buchane D.p.s. D de Awdane D.p. 

1 This is the only complete example in Vol II. Read along with the list of Assize, who 
served on the same date (supra p. 132), a tolerably accurate estimate may be arrived at of the 
numbers who were bound by the terms of their Charters to be present or represented. In Vol. I. 
of the old Spalding Club, p. Ill, will be found a similar example taken from the earliest Diet 
Book (January 1503-4). 

2 If this entry were to be extended fully, it would read " Dominus de Erroll amerciatur in 
defectu presencie et secte." 

1 88 



Diet Books: Vol. IL, Miscellaneous 



D 


de 


Scheves 


D.p. 


D 


de 


D 


de 


Drumbrek 


D.p. 


D 


de 


D 


de 


Newtoun de Scheves 


D.p.s. 


D 


de 


D 


de 


Inneralloquhy 


D.p.s. 


D 


de 


D 


de 


Straechin 


D.p. 






D 


de 


Kyndrocht Gordoun 




D 


de 






Ogilby 


D.p.s. 


D 


de 


D 


de 


Udo Forbes Copland 


D.p.s. ' 


D 


de 


D 


de 


Mekill Bicht 


D.p.s. 


D 


de 


D 


de 


Mekill Fintra 


D.p.s. 


D 


de 


D 


de 


Litill Fola 


D.p.s. 


D 


de 


D 


de 


Allathane 


D.p.s. 


D 


de 


D 


de 


Brodland Ratra 


D.p.s. 


D 


de 


D 


de 


Auchincreif 


D.p.s. 


D 


de 


D 


de 


Essilmond 


D.s. 


D 


de 


D 


de 


Curtastoun 


D.p.s. 


D 


de 


D 


de 


Auchterless Meldrum 




D 


de 






Dempstar 


D.p.s. 


D 


de 


D 


de 


Frendrecht 


D.p.s. 






D 


de 


Fyve 


D.p.s. 


D 


de 


Idem pro terris suis de Dur- 




D 


de 






lathris 


D.p.s. 


D 


de 


D 


de 


Sonahard 


D.p.s. 






D 


de 


Culter Tulleboy 


D.p.s. 


D 


de 


D 


de 


Drum 


D.p.s. 


D 


de 


D 


de 


Johnstoun 


D.p.s. 






D 


de 


Kennerty 


D.p.s. 


D 


de 


D 


de 


Thainstoun 


D.s. 


D 


de 


D 


de 


Carnetrailzeane 


D.p.s. 


D 


de 


D 


de 


Cultis on Deesyid 


D.p.s. 






Miscellaneous 










I. 





Tullehekeis Burnet D.p. 

Balmaid D.p.s. 

Ardmordo D.p.s. 

Gylkemstoun et 

Carvechin D.p.s. 

Portastoun D.p.s. 

Tollie Forbes D.p.s. 

Brux D.p.s. 

Auchterarne D.p.s. 

Sonabith D.p.s. 

Lumfannane D.p.s. 

Auchtercoull D.s. 

Innerarnane D.p.s. 

Johnisleyis D.p.s. 

Lenturk D.p.s. 

Halheid D.p.s. 

Glenchutill D.p.s. 

Petmadden Aber- 

crummie D.p.s. 

de Petcapill D.p.s. 

de Bahagarty D.p.s. 
de Auchlevin Forbes 

Ogilby D.p.s. 

de Boddim D.p.s. 
de Ardwne Ogilby Dun 

Setoun Johnstoun D.p.s. 

de Kyngudy D.p.s. 

de Monycabok D.p. 

de Drumblait D.p.s. 



(Circa May or June 1560) 

The said day in the actioun and caus movit and persewit be Maister 
George Johnstoun burges of Abirdene agains Maister Johnne Chalmer 
in Grandoun be vertew of my lord Shreffs precept of Abirdene tueching 
twa barrellis salmond full rede and sueit to haue bene payt to the said 

I Where the name of more than one person occurs after Lie place name, the meaning is that 
part of the land belongs to each. 

189 



Aberdeenshire Sheriff Court 

Maister George be the said Maister Johnne at ane terme of lang tyme 
bigane be vertew of the said Maister Johnnis obligatioun subscriuit with 
his hand at Grandoun the ferd day of Februar yeir of God ane thowsand 
fyve hundreth fyftie aucht yers like as in the saids obligatioun and pre- 
cept at mair lenth is contenit Comperand Alexr Paip procuratour for 
the said Maister Johnne lauchfullie constitute and confessit the said 
obligatioun of strenth and recognoscit the samen in Jugement And in 
respect thairof the Shreffs deputts forsaids decernit and ordanit the said 
Maister Johnne Chalmer to refound content and pay to the said Maister 
George Johnstoun twa barrellis salmond full rede and sueit within terme 
of law and ordanit precepts to be direct to poynd for the samen gif neid 
war one the quhilks the said Maister George tuik act of court 

II. 

(Circa May or June 1560) 

The said day Dauid Fergussone is chargit till fynde sufficient 
souerteis till George Quhyite actit in this buikks within aucht dayis nixt 
hereftir followyng for sevin marks scotts money to be payit to the said 
George betuix this and Andermes nixt And failzeing that he act nocht 
cautionaris as said is within aucht dayis the said Dauid to rander and 
deliuer agane to the said George the twa horss acclamit be the said 
George als gude as thai ar this day within thre dayis nixt eftir the saids 
aucht dayis be bigane One the quhilk the said George tuik act of Court 
and instrument 



190 



The Diet Books: Vol. IE, 1573/4-6. 

This is a fine specimen of the penmanship of the time and is perfectly 
preserved. The volume consists of about 500 closely written pages, each 
page containing on a rough average about 430 words, so that, if printed 
in its entirety, it would be equal in size to one of the larger of the Club's 
books. The separate entries number about 650; but many are of a mere 
interlocutory character, and of these a considerable proportion have been 
omitted. An effort has been made however to notice in the subjoined 
table every separate case that occurs in the original. It is quite evident 
from their appearance that the entries were not made in court, but are 
a careful transcript from a rough minute book or from notes. Subject 
to the remarks made in the introduction, with regard to the entry at 
the end of the volume of an extract valuation of the County made in 
1548-9, the entries occur in regular sequence from I2th January, 1573-4 
to gth October, 1576, and appear to give a fairly full and accurate account 
of the business of the court for the period, on the civil side. Now and 
again one notices that although a case has been continued to a particular 
day, there is no entry regarding the case on that day, and occasionally 
an unfilled up blank space occurs where there ought to be a fully 
extended decree. Of this last a provoking example occurs in Novem- 
ber, 1574, where no less than seven pages are left blank for what 
was evidently a local cause ce'lebre, namely the dispute about the 
boundaries of Nether Dyce. While it is the case that from and after the 
date of the opening entry the volume is complete, it is not clear that 
some portion earlier in date may not be lost. Too much importance 
must not be attached to the scribbling, which is so plentifully found on 
the fly leaves or title pages of these volumes ; but some is found in this 
case which is clearly of an official character. We find on one of the 
leaves bound up at the beginning of the book the official notarial sign 
and subscription of William Bruce, who was unquestionably Sheriff 
Clerk depute about that period, and the statement "This buik pertinis to 
Williame Bruce." In another place there had beon written these words : 
"Ex libris Willelmi Bruce et amicorum 1570"; but these words are 

191 



Aberdeenshire Sheriff Court 

scored out and under the deletion is this writing : " Tandem postea ad 
nobilem et potentem Dominum Georgium comitem de Huntlie Dominum 
Gordoun et Badzenocht vicecomitem principalem de Aberdene pertinet 
hie Liber 1570." That William Bruce was Sheriff Clerk depute in 1571 
is proved from an entry in the Register of the Privy Council (27th 
August, 1574, vol. II., page 394), when an act of the Sheriff Court, dated 
at Rhynie in 1571, signed by him was produced. It is therefore obvious 
either that the title page dated 1 570 belonged to an earlier book now 
missing, or that a portion of the existing volume, at least equal in bulk 
to what has survived, has been lost. The entire absence of acts of 
caution of all kinds, or even of a single reference to crime or quasi-crime 
is most noticeable ; but only goes to prove what is suggested by its 
appearance, that the volume is a careful copy taken from what was 
written in Court at the Clerk's table of all entries relating to the civil 
business of the Court and nothing else. It has been found very difficult 
to select illustrative examples from this volume owing to the voluminous 
nature of the cases which are specially interesting, but an attempt has 
been made to do so without unduly transgressing upon space which is 
necessarily limited. 



192 



Table of Contents of Vol. EL of Diet Books 



Date. 



1573-4- 
Jan. 12. 



Nature of Entry. 
List of Jury on Inquests. 



Subject or Res Gestae. 



Service. Terce. 



Service. Terce. 



Special Service. 



Special Service. 



Parties. 

James Gordoune of Meyth- 

lik. 
Thomas Fraser of Stre- 

quhin. 

John Mortimer of Cragivar. 
John Fraser of Creichie. 
William Cuming of Inner- 

alloquhy. 
Mr. James Heruy of 

Boyndis. 
Alexander Tullidef of 

Ranistoun. 

Robert Gordoun of Halheid. 
Thomas Copland of 

Udaucht. 

Thomas Con in Aachrye. 
John Meldrum in Tullielt. 
Patrick Leslie of Flendir. 
Thomas Cuming in Kyl- 

duthy. 



Margaret Ogiluy widow of Dominical Lands called Mains 

Alexr. Gordoune Fiar of Cluny, Banzeaucht Bog, 

ofCluny. the Perkvod, Mill of Cluny, 

Skippertie, Litill Sauchin, 

Tullemair, Bog of Cragerne 

&c. &c. In the Barony of 

Cluny. 



Kathrine Chalmer widow 
of Duncan Forbes in 
Blairfull. 

Patrick Con grandson of 
Alexr. Con. 



Patrick Con son of Mr. 
Wm. Con of Auchry. 



Six bovates of Drumrossie in 
Barony of Bairins. 



Half Lands of Litill Auchrye 
and Wodheid in the Barony 
of Kyneduard. Old value 
3. Present value 12. 
Held blench of the Laird of 
Brux. In non-entry 13 
years. 

Half Lands of Hairmoss 
Barony of Udaucht. Old 
value 3O/- Present value 
6. Held blench of the 
Laird of Brux. Six years 
and two months in nonentry 
by death of Mr. Wm. Con. 



193 



Aberdeenshire Sheriff Court : 



Date. Nature of Entry. 



Parties. 



Subject or Res Gestae. 



1573-4. Removing, Decree of 
Jan. 12. 



John Stevart of Balfuyr From Wastir half of Balfuyr 
v. Andrew Craufurd Parish of Birse. Sasine 

dated 17 May 1570. Mr. 
Wm. Andersoun, Notary. 



Procuratory. 



Wm. Stewart in Myirden. 



Appoints Mr. George Barclay, 
Alexander Paipe and 
Androw King procurators 
in all his actions. 



Eviction, Action of, 
and Protestation. 



Patrick Cheyn of Essil- 
montht v. George Baird 
of Auchmedden. 



Interlocutor repelling Defences 
and allowing proof, on which 
Defender protests that the 
Pursuer is at "the horn" 
and denounced rebel. 



13. Removing, Decree of. 



Thomas Meldrum por- Four oxingang of the Schado 

tioner of Haiddoch v. pleucht of his half landis of 

John Raif. Haddoch Barony of Fyyie. 

Sasine 4 Febry. 1568-9. 

Notary Mr. Androw Thom- 

soun. 



Abstracted Multures, Ac- 
tion for. 

(Infra 31 July) 



William Craufurd of An- 
noquhy v. John Fraser 
of Kinbog. 



Charter and Sasine produced. 
The latter dated 18 August 
1568. Schir Johnne Hui- 
cheon Notary. Defences 
ordered. 



14. Removing, Action of. 



Thomas Crag, portioner of 
Balmalie v. Wm. Crag 
of Cragisfintray. 



Parts of Balmalie, one part 
called "the Lang Ley and 
Cowan hillok of the Intoun 
of Balmalie. " Continued 
to " Palme Sunday Evin 
nix to cum." 



Spuilzie, Action of. 



Wm. Strauchauchin of 
Glenkyndye v. Wm. 
Gray, portioner of Bar- 
rak. 



The pronounciation of Inter- 
locutor continued to "Can- 
dilmes Evin in hoipe of 
freindlie dres and concord." 



Removing, Decree of. John Gordoun of Came- " Four oxingang of the intoun 



burro v. John Elrik. 



of the landis of Carnegall " 
parish of Pettirugy. Sasine 
15 and 16 Deer. 1555. 
Notary Mr. Williame 
Jamesoune. 



194 



Diet Books: Vol. HI., Contents 



Date. 



Nature of Entry. 



1 573-4- Removing, Decree of. 
Jan. 14. 



Parties. 

John Gordoune of Glen- 
buchet with consent of 
Elizth. Banerman his 
wife V. Wm. Ander- 
soun in Drumnahuif. 



Subject or Res Ccstae. 

Toun and landis of Badinzone. 
Occupation to Whitsunday 
1572. Parish of Glen- 
buchet. Sasine 10 Septr. 
I57 2 - Notary James 
Strauchauchin. 



Removing, Decree of. 



Do. 
v. 
Do. 
designed of Drumnahuif. 



Toun and landis of Badinzone. 
Occupation to Whitsunday 
'573- 



Violent Intromission and John Gordoun of Cluny v. Defenders ordered to cease 

Eviction, Decree. Robert Ross in Birss- from occupying the " tak 

moir and others. toun and landis of Birss- 

moir" Parish of Birss, 

"Shyir and Barrony of 

Birss." 



Febry. I. List of Jury for Inquest. 



William Cheyn of Arnege. 

Alexander Innes of Ard- 
grayn. 

John Fraser of Kinbog. 

Robert Annand in Auchry. 

John Chein in Piltauchy. 

James Chein in Kingis- 
furd. 

Mr. Robert Chalmer bur- 
gess of Abirdene. 

John Robertsoun, burgess 
of Abirdene. 

leronimus Blak, burgess 
of Abirdene. 

William Smyth in Byrnes. 

Thomas Banerman. 



Special Service. 



Robert Andersoun son of 
Wm. Andersoun in 
Tullidesk. 



Annual rent of 16 from 
Lands of Ordmiddill in 
Barony of Auchterles- 
Dempster. Also Shadow 
half of Miltoun of Collis- 
toun in Barony of Balhelvy. 
Held blench of James 
Dempstar of Auchterles. 
In non entry since Mar- 
tinmas. 



Peremptory Exception, 
Action of. 



James, Lord Invermeyth 
v. Agnes Betoun Lady 
of Kelly and George 
Gordoun of Scheves her 
spouse. 



Evidently an action collateral 
to another between the 
parties. Proof was partly 
led and interesting reference 
made to citation of wit- 
nesses in the Diocese of 
Brechin. 



195 



Aberdeenshire Sheriff Court : 



Date. Nature of Entry. 

1S73-4- Payment, Action for. 
Febry. i. 



Spuilzie, Action of. 



Wrungous Intromission, 
Action of. 



Spuilzie, Decree of. 



Cognition, Decree of. 



Parties. 

Walter Ogilvy of Baldauy 
v. Alexr. Keyth of Reicl- 
hyife, Andrew Keytht 
of Ravynscrag and Wm. 
Keyth of Balmure. 



James Wilsoun alias Cuik 
in Dynneduir v. Alexr. 
Makky at Mill of 
Dunneduir. 



Robert Cultis of Ouchter- 
coull v. George Gordoun 
of Lesmoir. 

Edward Fraser in Faithlie 
v. Thomas Joffray in 
Quhyitsyid. 



Maister George Myddil- 
toune, burgess of Abd. 
and Elet. Irving his 
spouse v. Alexander 
Annand of Ouchter- 
ellone and others his 
tenents in Over Mon- 
durno. 



196 



Subject or Res Gestae. 

An action for 1000 merks 
assigned to the Pursuer by 
Dame Christian Keyth his 
mother. The debt was 
apparently constituted by a 
Contract registered in the 
" Shref Buikis of Abirdeine " 
on 29 Jany. 1564, under the 
subscription of the late Mr. 
Andrew Leslie Sheriff 
Clerk. Various pleas 

stated. Case continued to 
2 March. On 29 May there 
was produced for the defence 
a discharge of the I coo 
merks signed by John 
Creychtoun of Ruthvens at 
Cragboyne on 6 Novr. 1572. 

Half a boll of market malt 
extending to 18 pecks, price 
6 merks with "ane new 
sek" price 13/4. In ab- 
sence of Defender, admitted 
to Pursuer's probation on 
2 March. 

"Ane meir of gray cullour of 
three yeiris of eild or thair- 
by." Defences ordered by 
2 March. 

"Ane blak hors of four yeir 
auld " taken from Fraser's 
" maling of Houssahill" in 
July 1572. Value of horse 
as stated by the Pursuer was 
20. As fixed by Sheriff 
deputes 10. ^'41 was 
asked for the " wark laubor 
hyirgang and waigis" of 
the horse over and above its 
value, but nothing was given. 

Myddiltoune and his wife 
owned " Neddir Mondurno 
and Torbothehill" in the 
Barony of Fyvie and Regali- 
tie of Abirbrothok, in virtue 
of a Charter granted by 
Lady Jane Keith, Lady 
Glammis, with consent of 
John Lord Glammis, her 
husband dated at Glammis 
6 Novr. 1566, and Instru- 
ment of Sasine under the 
hand of Mr. John Kennedy, 
Notary, dated 19 Deer, 
thereafter. The Defender 
Annand and his tenants had 
been molesting the Pursuers 
in part of their lands and 
were by this Decree for- 
bidden to do so. 



Diet Books: Vol. DL, Contents 



Date. 

1573-4- 
March 2. 



Nature of Entry. 
Cognition, Decree of. 



Spuilzie. Decree. 



IS74- 
April 3. 



Removing Decree 
Absolvitor. 



Parties. 

William Strauchauchin 
ofGlenkyndyz'. William 
Gray fewar of the third 
part lands of Barrak. 



Henrie Duf in Auchin- 
cloch v. Alexander 
Many there. 



Annabell Abell Widow of 
John Andersoun, bur- 
gess of Aberdeen and 
wife of Archibald Keyth, 
with his consent v. Iso- 
bell Abell, widow of 
Alexr. Fraser and 
George Keyth now her 
husband. 



(About two pages left blank here ) 

Transferring, Decree of. Elet. Ross widow and 
executrix of Monone 
Hog in Blaredryne v. 
James Dempster of 
Ouchterles. 



I 97 



Subject or Kes Gestae. 

The Pursuer was Proprietor of 
Auchnagat in the Barony of 
Kelly and specially of Toux- 
hill as part thereof. In 
evidence of title his Sasine 
dated 20 Febry. 1566-7 was 
produced. Notary Schir 
Williame Proctur. The 
Defender was ordered to 
desist from molesting 
Strauchauchin. 

" Tua pleuch diaving oxin ane 
thairof blak, quhyit hornit 
and the uther blak gray 
hornit." The animals were 
said to have been taken 
"ane nycht immediatlie 
preceiding Bartholmas 
Evin in August 1556 furth 
of the boggis at the Walk- 
miln of Beltye." 10 each 
was the Pursuer's price, 
while the Court awarded 10 
merks. Six firlots of meal 
per ox per annum was given 
for loss of profit which was 
to be converted into money 
"according to the feiris of 
the yeiris." The oxen were 
being taken to Barthol 
market. 

From 8 roods of land in the 
Burgh and Territory of 
Kintore, which are de- 
scribed. There was pro- 
duced an extract from the 
Commissary books, under 
the hand of Mr. John 
Chalmer, Clerk of the Com- 
missariat, of a Contract 
containing a title to the 
Defenders to occupy during 
the Pursuer's lifetime, which 
was given effect to. 

The late Monone Hog's right 
to do diligence against the 
Defender for 90 is by this 
Decree transferred to the 
Pursuer, his widow. The 
confirmed Testament of the 
deceased was produced 
signed by Mr. Thomas 
Burnet, Commissary and 
Mr. John Chalmer, Com- 
missary Clerk. 



Aberdeenshire Sheriff Court : 



Date. 



Nature of Entry. 



Parties. 



Subject or Kes Gestae. 



1574. Kent, Decree for. 
April 3. 



James Wilsoun in Dynne- 
duir v. Alexr. Leyth. 



Rent of "Neddir Croft of 
Dynneduir " conform to the 
confession of the defender, 
and in terms of a Decree 
Arbitral dated 25 May 1573, 
James Gordoun of Tully- 
angous, John Farquharsoun 
of the Newtoun of Garvie 
and Johnne Leslie in the 
Law being the Arbiters. 



20. Head Court. 



List of Absent Barons fined. 
The Sheriffs depute presid- 
ing were Patrick Gordoun, 
John Gordoun of Avachie 
and Mr. Gilbert Bissat 
" conjunctim et divisim." 



List of Jury for two 
following Inquests. 



John Lyon of Comalegy. 
John Leyth of Midill 

Disblair. 
Thomas Copland of Ud- 

aucht. 
William Craufurd of An- 

noquhy 
George Bard of Auch- 

medden. 
William Strauchauchin of 

Glenkyndy. 

Patrick Leyth of Harthill. 
Alexander Burnet of 

Craigour. 

John Fraser of Crechie. 
Thomas Fraser of Strechin. 
Mr. John Gray. 
John Leslie of Buchans- 

toun. 
James Gordoun of Tully- 

angous. 



Special Service. 



Andrew Kyng son of 
Robert Kyng burgess of 
Abd. 



The third part of the sunny 
half of the shadow town and 
lands of Cremound in the 
Barony of Johnstoun, held 
blench of the Laird of 
Johnstoun. Old value 2O/- 
Present value 5/- 



General Service. 



Andrew Leslie son of 
William Leslie of Nedd- 
wik or Nedderik. 



198 



Diet Books: Vol. HI., Contents 



Date. 

1574- 
April 20. 



Nature of Entry. 



Parties. 



Subject or Res Gestae. 



List of Jury on following James Gordoun of Had- 
Inquest. doch. 

William Forbes of Tul- 

quhone. 
William Craufurd of Fed- 

deret. 
Patrick Cheyn of Essil- 

month. 

Robert Forbes of Eycht. 
Alexr. Tullidef of Ranis- 

toun. 
George Gordoun of Auch- 

manzie. 
Mr. William Gordoun of 

Terpersie. 
Andrew Meldrum of Dar- 

ley. 
Alexander Meldrum of 

Bogheidis. 

John Mortimer of Cragivar. 
William Strauchauchin of 

Glenkyndy. 
Alexr. Buchanof Auchma- 

coy. 

William Setoun of Mel- 
drum. 
William Leyth of Likli- 

heid. 
William Leyth portioner 

of Barnis. 
Mr. James Heruy of 

Boyndis. 

Agnes Wod widow of 
John Leslie Fiar of 
Balquhane. 

William Setoune of Mel- 
drum v. Williame Se- 
toune. 



Service. Terce. 



21. Removing, Decree of. 



22. Intrusion, Action of, and Mr. Wm. Carnegy of 
Decree for Violent Over Ruthvens v. Alexr. 

Profits. Waus. 



Barony of Balquhane Lands 
of Inneramsay, Petbie and 
Newlands in the Barony 
of Balhagartie. 

" The sone four oxingang of 
the sone pleuch lands of the 
Kirktoun of Balheluy" in 
the Barony of Meldrum. 
Sasine produced dated 23 
Febry. 1533. Notary Mr. 
Johnne Howesoune. 

The proprietor had obtained 
Decree of Removing in the 
Court of Session and had 
warned the tenant to re- 
move at Whitsunday 1569. 
This is a Decree for the 
yearly loss sustained by the 
tenant remaining in pos- 
session until Whitsunday 
1573. The details are 
interesting. Pursuer's Sa- 
sine was dated 31 May 1 568. 
Notary Mr. Wm. Ander- 



199 



Aberdeenshire Sheriff Court : 



Date. 



Nature of Entry. 



Parties. 



1 574. Violent Profits. Decree The same r. The same. 
April 22. of Liquidation. 



May 29. 
? April. 



Payment of an Annual- 
rent. Decree for. 



May 4. Liquidation, Action of. 



20. List of Jury for Inquest. 



Agnes Betoun Ladie of 
Kellie and George Gor- 
doun of Scheves her 
husband v. James, Lord 
Innermeith. 



Edward Fraser in Faythlie 
v. Thomas Joffray in 
Quyitsyid. 



Subject or Res Geslae. 

This seems to be, except in 
name, to all intents and 
purposes, a repetition of 
the foregoing Decree. 

Arrears of an annualrent of 
four chalders of victual!, 
two parts meal and three 
parts bear, out of the Lands 
and Baronies of Innermeith, 
Innerkeillor and Lathers in 
the Sheriffdoms of Forfar 
and Aberdeen. This De- 
cree contains a statement of 
the Defence which was set 
up. The price of the 
victuall was fixed at so/- 
per boll overhead. 

Here is recorded the result of 
a proof as to the amount of 
the "accessour or excres- 
cent" profits of the black 
horse for the spuilzie of 
which Decree was given on 
I Febry. Four witnesses 
swear " that the profeit and 
excressens of ane hors 
daylie will extend to xii d 
usuall monie lik as thai use 
daylie to hyir horss to nicht- 
bouris within this burght." 



Alexander Gardyn of 

Blakfurd. 

Alexr. Irving of Ordley. 
Thomas Allardes of 

Thomastoun. 
William Meldrum of Kin- 

bleyn. 
George Meldrum of Ard- 

fork. 

John Ogstoun in Turref. 
John Meldrum at Mill of 

Tullielt. 
Alexr. Meldrum of Bog- 

heidis. 
John Meldrum of Jakis- 

toun. 
Mr. George Johnston 

burgess of Abd. 
Alexander Donaldsoun do. 
John Knovis do. 

William Mackartnay, 

Scribe. 



200 



Diet Books: Vol. HI., Contents 



Date. Nature of Entry. 

1574. Special Service. 
May 20. (Inq. Spec. Ahd. No. 4 



Parties. 

Elet. Tulloch daughter of 
John Tulloch portioner 
of Moncuffir. 



Liquidation, Decree of. Fraser v. Joffray. 



Subject or Res Gestae. 

The Shadow half town and 
lands of Foulsie and Auch- 
nagorth in the parish of 
Kingedward. In non entry 
19 months. 

In accordance with the evi- 
dence the loss of profit 
incurred through the spolia- 
tion of the Pursuer's horse 
was fixed at xii d per diem. 
The pursuer asked 3/- per 
day. 



29. Removing, Action of. 
Cognition, Action of. 



Liquidation, Action of. 
June 8. Removing, Decree of. 



Henry, Lord Sinclair v. 
John Tumour. 

Edward Fraser in Faylhlie 
and Marjorie Quhyit 
his wife v. Alexr. Fraser 
of New Forrest. 



John Gordoun of Cluny v. 
Robert Ross in Birsmoir. 

Alexander Gordotine of 
Abirzeldy v. George 
Gordoun of Lesmoir and 
others as principal 
tenants. 



Appointment of 
depute. 



Mair .Alexr. Johnnestoun. 



Revocation of Deeds done 
in minority. 



10. Removing, Action of. 



Continuation to 
Evin." 



Midsummer 



Dispute as to marches between 
the lands of Newburgh of 
New Forrest and Mains of 
Forrest in the Barony of 
Anden. Pursuers produced 
Charter by Defender's 
father John Fraser, dated 6 
Novr. and Sasine dated 10 
Novr. 1571. 

Action wakened and proof led. 



Issobell Murray "dochter 
naturall and lauchtfull " 
of the late Mr. Gilbert 
Murray burgess and wife 
of Wm. Bruce burgess. 

James Clark in Middiltoun 
of Knokinblevis and 
Margaret Christesoun 
his wife v. Alexr. 
Wilsoun 



CC 



Davaucht town and lands of 
Slering in the Lordship of 
Aboyne. Sasine produced 
dated 31 May 1569. Notary 
Thomas Davidsoun. 

Specially appointed to summon 
Alexr. Leslie of Neddir 
Dyce. 

Comes before the Court 
without her husband, recals 
deeds done in minority and 
swears that she does so of 
her own free will. 

The "Ailhous and Ailhous 
croft of Logydurnocht" in 
the regalitie of the Garioch. 
Sasine dated 26 Septr. 
1573- Notary Mr. Andrew 
Thomesoun. Defender 

produced a lease under the 
hand of James Arbuthnot 
and the case was continued 
so that Arbuthnot might be 
called. John Leslie of 
Ardlay was cautioner for 
the violent profits. 



201 



Aberdeenshire Sheriff Court: 



Date. Nature of Entry. 

1574. Removing, Decree of. 
June 12. 



17. Removing, Action of. 



Removing, Decree of. 



Removing, Decree of. 



Parties. 

Margaret Burnet and 
George Forbes her 
spouse v. John Blakhall 
in Mill of Fynnersy. 



George Gordoune of Les- 
moir v. Alexr. Leslie of 
Petcapill and Henry 
Leyth of Ryhill. 



George Gordoune of Les- 
moir v. William Gor- 
doune of Arradoull, 
Andrew Huid in Alli- 
vallaucht, Thomas Fer- 
rour, Wm. Elleis in 
Pownuid, Geo. Gordoun 
of Crechie, Geo. Leytht 
in Edingarreaucht, Alexr 
Leytht of Quhyithaucht, 
James Gordoun of 
Tulleangous, Edward 
Thomesoun in Quhyit- 
hillok, James Malcome 
in Auldetoun and Wm. 
Huid in Largy. 

Alexander Leslie of Pet- 
capill v. Patrick Gor- 
doun of Brakco. 



202 



Subject or Res Gestae. 

One third liferented by female 
pursuer of the Mill, Mill 
lands, Multures &c. of 
Fynnerseis. Sasine pro- 
duced dated 23 Septr. 1569. 
Notary James Reid. 

Lesmoir was principal tenant 
under Lord Huntly of 
Quhyithillok and four oxin- 
gang of Poonuid (Powneed) 
in the Parish of Kabracht. 
The defenders, who were in 
actual possession, resisted 
the application for their 
removal, and inter alia 
objected to the competency 
of the Court, inasmuch as 
the Sheriff depute was the 
nominee of Lord Huntly 
the Sheriff, who was bound 
to warrant Lesmoir's title 
and therefore an interested 
party. 

Other pleas were stated, 
which disclose that Petcapill 
had a regular residence in 
Old Aberdeen and Leyth a 
house at Bogfarlaw in the 
Freedome of Aberdeen. 
The case continued to Mid- 
summer Even for judgment; 
but no farther trace has 
been found. 

This was a similar action to 
the preceding but the de- 
fenders did not appear and 
Decree was pronounced. 
The lease by the Earl to 
Lesmoir was dated 14 April 
1573. The other places 
mentioned as tenanted are 
Auchmair, Wester Badeley 
and Badeley. 



The Pursuer held the "North- 
syid landis of Duchreis " in 
the parish of Une (Oyne) in 
wadset, his Sasine being 
dated 6 March 1565. 
Notary William Thomesoune. 



Diet Books: Vol. EL, Contents 



Date. 



1574- 
June 19. 



Nature of Entry. 
List of Jury for Inquest. 



Parties. 

William Craufurd of Fed- 
deret. 

John Pantoun of Pet- 
medden. 

Robert Turing of Fouernc. 

William Turing of Arday. 

Walter Wod of Fetter- 
came. 

John Pantoun, portioner 
of Tullemad. 

Andrew Keyth of Ravins- 
crag. 

William Keyth of Lud- 
quharne. 

Gilbert Collisoun, burgess 
of Abirdeine. 

Patrick Gray do. 

Mr. Robert Lumsden of 
Clovayth. 

Andrew Udny of Tullery. 

John Gordoun of Auch- 
macher. 

Andrew Tullidef, apparent 
of Ranistoun. 

Alexander Gareauch, por- 
tioner of Mamelay. 



Subject or Res Gestae. 



Special Service. 



William Udny son of Wm. 
Udny of that Ilk. 



Lands of Udny with Mill. 
Auchloun, Crabedenno, 
Mynnes with mill &c. &c. 
in Lordship of Udny. In 
non entry a month and 
twenty days. 



Removing, Action of. 



Alexander Innes of Ard- 

grayne v. John Pantoune 

of Petmedden and John 

Pantoune son to \Vm. 

Pantoune in Cray. 



The Defenders were the prin- 
cipal tenant and sub-tenant 
"of the sone third pleuch 
of the toun and landis of 
Wodlands" in the Barony 
of Monycabok. They ap- 
peared personally and 
admitted that they had no 
title to continue in pos- 
session, whereupon a new 
lease for a year was agreed 
upon, the terms of which 
are engrossed in this entry. 



Removing, Decree of. Parties as above. 



203 



Notwithstanding of the fore- 
going arrangement, Innes 
who is described as " Bailzie 
and Takisman" of the lands, 
here takes Decree of Re- 
moving. 



Aberdeenshire Sheriff Court: 



Dale. Nature of Entry. 

1574. Removing, Decree of. 
June 19. 



23. Removing, Decree of. 



Removing, Decree of. 
Cognition, Action of. 

Removing, Decree of. 
Removing, Decree of. 



Removing, Decree of. 



Parties. 

Grissal Auchinlek and 
Alexr. Innes of Ard- 
grayn her spouse v. John 
Ray and Andrew 
Strauchauchin. 



George Lord Gordoune 
assignee of his father 
the Earl of Huntlie, 
with consent of his 
father as his "tutor 
gyder and gouernor" v. 
Elet. Gordoune and 
John Bailzie her husband. 



George Lord Gordoune as 
above v. Allister Smyth 
and Alester Sandesoun. 

Robert Innes of Inner- 
marky and others ~v. 
Mr. Robert Chalmer 
burgess of Aberdeen and 
others. 

John Pantoun of Petmed- 
den v. Patrick Udny. 



Patrick Leslie of Kincragy 
v. David Duncansoun 
and others. 



Alexander Cruikschank 
Burgess of Aberdeen v. 
Robert Wicht and \Vm. 
Wicht. 

204 



Subject or Res Gestae. 

The female pursuer was 
liferentrix of Litill Drum- 
quhendill in Methlick. 
Her title was a lease granted 
as the result of an arbit- 
ration between her and 
Gilbert Reid of Collistoun 
her son dated 8 Deer. 1 546. 

Four oxingang of the lands 
of Carnequholpe in the 
Lordship of Huntlie alias 
Straythbogy. The Earl 
had the gift of the non- 
entries &c. of the Earldome 
of Huntlie which he had 
assigned to his son. The 
Extract of the gift was dated 
21 April 1567 and the 
Assignation 30 Jany. 1573-4. 
The bench was fortified by 
specially appointed Sheriffs 
depute viz. : Mr. Patrick 
Rutherford, Mr. George 
Myddiltoun,. Mr. Gilbert 
Bissat and Patrick Gray. 

The Lands of Meikill Kand- 
moir. The remainder of 
Decree as in the foregoing. 

Objections to witnesses. The 
special deputes had now 
left the bench, Mr. Gilbert 
Bissat alone remaining. 



Ailhous and Ailhous Croft 
within the Mains of Pet- 
medden and Barony of 
Slains. Sasine dated 9 
Septr. 1563. Notary the 
late Mr. James Stevin. 

Mill of Kincragy 

Midill Pleuch of Kincragy 

Auld Burn Croft 

Torreis all in the parish of 

Tollie. 

Sasine dated 5 July 1563. 
Notary Mr. Wm. Setoun. 

The "sone pleuch of Sauchin- 
lone " in the Barony of 
Wranghayme. Sasine 
dated 28 June 1565. 
Notary David Setoune. 



Diet Books: Vol. EL, Contents 



Date. 



Nature of Entry. 



1574. Removing, Decree of. 
June 23. 



Parties. 

Alexr. Cruikshank Bur- 
gess v. Jonet Leslie 
relict of the late George 
Mortimer portioner of 
Auchtquhorteis and 
Gilbert Knovis burgess 
of Abd. her husband. 



Subject or Res Gestae. 

Overtoun of Auchtquhorteis. 
Sasine dated 22 April 1570. 
Notary David Setoun. 



Removing, Decree of. 



Removing, Decree of. 



Removing, Decree of. 



Removing, Decree of. 



Removing, Decree of. 



Removing, Decree of. 



Andrew Hunter burgess 
of Abd. v. Patrick Sym- 
soim in Carnebady and 
others. 



Win. Hay son of umqll. 
John Hay of Cremound- 
mogat and his curators 
v. James Sangster. 

Win. Leslie of Wardres, z'. 
Patrick Lesly Andrew 
Leslie and their sub- 
tenants. 



John Gorciuime of Cluny 
r. Thomas Cuik in the 
Perk of Cluny and 
others. 

Wm. Leyth of Likliheid 
v. Nicolais Russel and 
Malic Tailzeour his wife. 

Thomas Ord of Findauchie 
v. Thomas Smyth and 
Patrick Wodman. 



Removing, Decree of. 



James Gordoune of Tilli- 
angous v. Alexr. Gor- 
doun and others. 



Haltoun of Lumphannand in 
the Barony of Oneill. 
Sasine dated 3 Novr. 1563. 
Notary the late Thomas 
Belly. 

Mill of Cremoundmogat. 
Sasine dated 4 June 1565. 
Notary Gilbert Kelo. 



Ouhyithill of Glanderstoun, 
Rothmurreall, Ardune, 
Brewhous and Brew Croft 
thereof, Dynneduir, Mill of 
Knokinbaird and Pikeman- 
schipe thereof &c. &c. &c. 
(a long list). Sasine dated 
4Augt. 1557. Notary Wm. 
Thomesoune. 

Mill of Cluny in the Barony 
of Cluny. 



Four oxingang of Auchlevin 
in the Regalitie of Gare- 
aucht. 

Decree in absence against 
Smyth to remove from the 
sone half of the Mill 
Millands &c. of Boquhen- 
dauchie and Wodman from 
the Schado half of the lands 
of Baquhendauchy. Wod- 
man declined to remove and 
produced a lease dated 6 
June 1664 and case against 
him was continued to 12 
July. The Pursuer's Sasine 
was dated 12 Febry. 1564. 

] foldings in Scorredarg. 



205 



Aberdeenshire Sheriff Court: 



Date. 

1574- 
June 23. 



Nature of Entry. 
Removing, Decree of. 



Implement of Lease, 
Action for. 



Parties. 

Dame Jane Gordoune 
Lady of Fyvie v. John 
Smyth. 

Robert Irving of Lastis v. 
Andrew Christall in 
Bogfarlaw. 



Wrongous Intromission, 
Decree for. 



Robert Cultis of Auchter- 
coull v. George Gor- 
doune of Lesmoir. 



Protestation. 



Protestation. 



Protestation. 



Alexr. Fraser of New For- 
rest v. Edward Fraser 
in Faythlie. 



Williame Thomesoune in 
Weittis v. Wm. Leslie 
of Wardres. 



Andrew Leslie in Arnehall 
v. Wm. Leslie of 
Wardres. 



206 



Subject or Res Gestae. 

Houses, biggings and a croft 
of Litill Guirdes. 



At this hearing it was alleged 
on behalf of the Defender 
that he was a dependant and 
servant to John F'orbes and 
therefore exempt from the 
Jurisdiction of the Sheriff 
Courtof Aberdeenshire; but 
the objection does not seem 
to have been insisted in and 
was repelled. 

A three year old gray mare 
belonging to the Pursuer 
strayed or was stolen from 
the Forestof Corgarff in June 
1569. The mare, which 
was ear marked, was found 
in Lesmoir's possession in 
the Forest of Garbit in July 
1573 and was challenged. 
The animal was not given 
up and this action was 
raised for delivery of (l) The 
mare (2) a two year old foal 
(3) a one year old foal or (i) 
20 merks for the mare (2) 
jio for the two year old 
and (3) 6. 13.4 for the 
one year old. Altho' the 
Defender did not appear, 
evidence was led and Decree 
passed for 10 for the mare 
and 10 for a two year old 
foal with 3 of expenses. 

That if Edward Fraser his 
vassal succeed in his action 
against him he shall " Incur 
the paines of Law provydid 
agains the Wassail persevand 
his Our Lord in Judgment." 

The Laird of Wardres having 
withdrawn from an action 
of Removing against Thome- 
soune the latter protests for 
his expenses. 

Protests for action of warran- 
dice against Leslie as heir 
of his father Alexr. Leslie, 
from whom he holds a lease 
for a term of years still 
unexpired. 



Diet Books: Vol. EL, Contents 



Date. Nature of Entry. 

1574. Spuilzie, Action of. 
June 25. 



Cognition, Action of. 



Parties. 

Alexr. Leslie of Nether 
Dyce and Wm. Moir v. 
Mr. Geo. Johnstoun 
Surges of Aberdeen 
and another. 

Mr. Geo. Johnstoune v. 
Alexr. Leslie. 



28. Removing, Decree of. 



July 3. Removing, Action of. 



12. Cognition, Action of. 



Alexr. Irving of Belty r. 
David Irving. 



Mr. Robt. Chalmer Bur- 

?ess of Abd. v. Alexr. 
nnes of Ardgrayne. 



Subject or Res Gesfae. 

A Diet of proof. The ob- 
jections to witnesses and 
whole entry most interest- 
ing. 



Dame Jane Keyth Lady 
Glammis v. Thomas 
Couper and others 
Tenants in Belhelvy. 



Dispute about the boundaries 
of Over and Nether Dyce. 
This is really the cross 
action to the one im- 
mediately preceding, and 
the entry is of the same 
interesting kind. A Bound- 
ing Charter of King Robert 
the Bruce the nth year 
was produced. 

The Lady's Sasine was pro- 
duced dated 17 March 1544. 
Notaries Messrs. George 
Middletoune and Patrick 
Ogstoun. Most of the 
tenants appeared but did 
not oppose. One however 
Wm. Muk alias Johnnstoun 
averred that he was entitled 
to sit during Lady Glammis' 
lifetime and referred the 
truth of his statement to her 
oath. In respect of her 
" Inhabilitie " Commission 
was granted to the Clerk 
' ' to pas and exeme the said 
lady at her expense. 

Continued. Subjects Hill of 
Belty. Sasine dated 9 
Augt. 1560. 

Cross actions of Spuilzie and 
Cognition between these 
parties are in full swing at 
this period. The bounds of 
Tullegreig seemed to be the 
central point of the litiga- 
tion. At this diet of proof 
several witnesses were exa- 
mined. William, Bishop of 
Aberdeen was called upon 
to exhibit "the register of 
the said Bishoprie " and did 
so by his procurator. A 
Notarial transumpt from the 
Register of Abirbrothok was 
also put in, the Notary 
being Wm. Bruce, " Scryib 
of the said Shrefdome. " 



207 



Aberdeenshire Sheriff Court : 



Date. 



Nature of Entry. 



Parties. 



Subject or Res Gestae. 



1574. Protestation. 
July 12. 



Robert Innes of Inver- With reference to preceding 
markie. entry. 



Removing, Decree of. 



Patrick Leslie of Flender 
v. Williame Blyitht. 



Walk Miln of Flender in 
Kegalitie of Lundoris. Sa- 
sine dated the 6 day of 
1555- 



Removing, Action of. 



Wm. Leslie of Wardres Two ploughs of the lands of 
v. Andrew Leslie of Ardune. Defenders pro- 
New Leslie and others. duced (l) Instrument of the 
late Wm. Leslie of Insche 
dated 29 April 1555 (2) 
Instrument given to the late 
Geo. Leslie of New Leslie 
of same date (3) Andrew 
Leslie the Defender's In- 
strument dated 18 May 1574. 



Liquidation of Violent 
Profits, Action of. 



Meriore Forbes Ladie 
Terce of Drumbrek and 
Alexr. Meldrum of Bog- 
heidis her spouse v. John 
Reid of Aikinheid. 



This case had been advocated 
to the Court of Session and 
remitted back to the Sheriff 
Court, and here is recorded 
the first Interlocutor. 



Removing, Decree of. 



William Troupe, Wardar 
of the tua part lands of 
Begishill &c. and third 
part lands of Weddir- 
burne v. Walter Wat 
and Jannet Thayne. 



Ailhous and Ailhouse Croft of 
Begishill in Barony of 
Drumblait. Pursuer's Let- 
ter of Ward was produced 
but its date not mentioned. 



Removing, Decree of. 



Alexander Erie of Sudir- 
land v. Tenants of 
Ferrar. 



Occupations on lands of Ferrar 
in Lordship of Aboyne. 
The date of the Sasine said 
to be produced is not given. 



Removing, Action of. 
(Supra 23 June.) 



Thomas Ordof Fyndauchie 
v. Patrick Wodman. 



Four oxingang of the Shadow 
half lands of Boquhen- 
dauchie in the Barony of 
Udaucht. 



Removing, Decree of. 
(Supra 17 June.) 



Geo. Gordoune of Les- Lands of Quhyithillok and 4 



moir v. Alexr. Leslie of 
Petcapill and Henrie 
Leyth of Ryhill. 



208 



oxengait of Poneid in the 
parish of Cawbraycht. The 
Sheriff depute, Mr. Gilbert 
Bissat, repelled all the de- 
fences and granted decree. 



Diet Books: Vol. EL, Contents 



Date. Nature of Entry. 

1574. Delivery or payment, 
July 14. Decree of. 



Parties. 

Patrick Leslie Burgess of 
Abd. v. Andrew Leslie 
in Ardoyne, Peter 
Cromby and John Low- 
rensone. 



Subject or Res Gestae. 

Andrew Leslie admits being 
due 9 firlots malt and a boll 
of meal without "Chere- 
teis." Cromby admits 14 
firlots malt and a firlot of 
meal also without "Chere- 
teis " and Decree passed for 
the highest price. The 
other defender did not 
appear and the case was 
continued in order that the 
Pursuer's oath might be 
taken. 



15. Removing, Decree of. Andrew Craik portioner " Tua oxingang landis of the 

of Girsahill v. William Schado half lands of Girsa- 
Craufurd. hill" in the Barony of 

Fedderet. Sasine dated 2 
April 1571. 



Payment (Teind Sheaves) 
Decree of. 



Mr. Robert Lumisden of "Teynd Shaves of Meikill 
Clovayth v. Gilbert Drumquhendill " in the 
Tailzeour. Parish of Ellone crops 1571 

and 1573. 



Protestation. 



Mr. Robert Lumsden of Immediately after taking the 
Clovayth. foregoing Decree Lumsden 

protests "that his compear- 
ance alwayis suld nocht 
preiuge him of his preuilege 
of the Cheppall of Justice 
and als the exemptioune of 
my Lord Forbes to the qlks 
in caussis criminall he wald 
adheir to jois the preuilege 
tharof one nawayis passand 
nor declynand tharfra." 



17- Removing, Decree of. 



Dame Annas Keyth.Coun- Waistmeddow of Waister 
less of Moray with Fintray in the Barony of 
Fintray. The Countess 
was Conjunct Fiar of the 



consent of Colyne, Erie 
of Ardgyll her spouse v. 
Henrie Wod. 



lands and her Sasine was 
dated 25 July 1569. 



22. Removing, Action of. 
(Supra 3 July.) 



Alexr. Annand of Auch- " Bewchlandis " as a pendicle 



terellone v. Alexr. and 
Robert Wod. 



of Mondurno. Sasine 9 
January 1566. Caution 
found for violence and case 
continued to " Lammas 
Evin." 



DD 



209 



Aberdeenshire Sheriff Court : 



Date. Nature of Entry. 

1574. Cognition, Action of. 
July 28. 



Parties. 

Mr. Geo. Johnstoun z>. 
Alexr. Leslie. 



Subject or Res Gestae. 

Another diet of proof. Wit- 
nesses examined and wit- 
nesses repelled. Against 
one witness it was objected 
that he had neither "tak 
nor steiding," but on his 
swearing that he had 2O 
merks worth of geir he was 
admitted. " A Deidlie feid 
onreconselit " between a 
witness and some one sup- 
posed to be remotely con- 
nected with the opposite 
side is also brought forward 
discussed and repelled. 



30. Removing, Decree of. 



John Gordoune of Carne- 
burrow v. Andrew Elrik. 



"The Intoune of Carnegall " 
in the Barony of Kelly. 
Sasine 15 and 16 Deer. 
'553 (but see Supra 14 
Jany). 



Removing, Decree of. 



John Gordoune of Carne- 
burrow v. Thomas Mel- 
drum of Edene. 



Lands of Corredowne "Hand 
within the Erledom of 
Huntlie." The Pursuer 
produced a 19 years Lease 
granted by George Earl of 
Huntlie with consent of 
Elizabeth Countess of Hunt- 
lie dated 28 August 1561. 



Removing, Decree of. 



John Gordoune of Carne- 
burrow v. Alexr. David- 



" Neddir half of Westirpark " 
in Barony of Strathbogy. 
Sasine 15 and i6Decr. 1553. 



31. Removing, Action of. 
(Supra 3 July.) 



Alexr. Irving of Beltye v. 
David Irvine in Hill of 
Beltye. 



Another diet when Defender 
produced a Lease which 
was challenged by Pursuer 
who alleged and undertook 
to prove that it was "fals 
feingzeit and simulat." 



Removing, Decree of. 



Sir James Creychtoune of 
Frendraucht v. Thomas 
Boyne and Jannet Prat 
his wife. 



' The Miln and Milnlandis of 
Ray" in the Barony of 
Frendraucht. Sir James 
was absent from the King- 
dom but had granted a 
letter of Baillerie dated at 
Frendraucht 26 Septr. 1573 
to George Creychtoune 
of 



2IO 



Diet Books: Vol. HI., Contents 



Date. Nature of Entry. 

1574. Abstracted Multures, De- 
July 31. cree for. 

(Supra 13 Jany.) 



Parties. 

Wm. Craufurd of Annochie 
v. John Fraser of Kin- 
boig. 



Removing, Decree of. 

Removing, Decree of. 
Removing, Decree of. 

Removing, Decree of. 
List of Jury on Inquests. 



Robt. Carnegy of Waister 
Kincardin v. Win. Keir. 



Jonet Gordoune, Lady of 
Corsinday v. John Fyif 
in Auld Midmar. 

Geo. Creychtoune of Litill 
P'org v. Wm. Galloway 



John Pantoun of Petmed- 
den v. Heleyn Udny 
widow of Jas. Gardin. 

Patrick Movat of Boqu- 

holly. 

William Chene of Arnege. 
Patrick Leyth of Harthitl. 
Patrick Leslie of Kincragy. 
Robert Gordoune of Hal- 

heid. 
John Leyth of Middill 

Disblair. 
William Strauchauchin of 

Glenkyndy. 
Alexander Burnet of Cra- 

gour. 
William Craufurd of An- 

noquhy. 
George Baird of Auch- 

medden. 
Mr. John Gray. 
John Leslie of Buchanstoun. 
James Andersoun burgess 

of Abirdeine. 
Thomas Con in Auchry. 
William Watsoune in 

Auldmill. 

Gilbert Movat in Turreff. 
Stephen Leslie of Warthill. 
Gilbert Tailzeour of Ard- 

leyn. 
Alexr. Chalmer of Tyrye. 

211 



Subject or Res Gestae. 

Multures and Knaveships ab- 
stracted from Miln of 
Annoquhy due from two 
ploughs of Netherton of 
Creichie occupied by Fraser. 
Sasine produced dated 1 8 
Augt. 1568 and various 
other Writs establishing 
Pursuer's title. 

" The Eister sonne half landis 
of Nether Formestoune " in 
the Parish of Aboyne. Sa- 
sine dated 17 July 1573. 

"Third pairt landis and croft 
of Litill Carnday." 

Four oxengang of the Lands 
of Auchintender belonging 
to the Pursuer in liferent, 
in the Barony of Fren- 
draucht. Sasine dated 5 
Tuly 1571. 

Lands of Locht Tulloch in 
the Barony of Balquhane 
and Parish of Monkegy. 



Aberdeenshire Sheriff Court: 



Date. Natiire of Entry. 

1574. Service. Terce. 
July 31. 



Service. Terce. 



Service. Tutory. 



Augt. 30. Cognition, Action of. 
(Entry incomplete.) 



Parties. 



Subject or Res Gestae. 



Marjorie Leslie widow of Town and lands of Custes- 
John Lamb Senior in toune in the Shire of Rayne. 
Rothynormound. 

Barbara James widow of Shadow half of Milntoun of 
Wm. Andersoune in Collistoune, Miln and Miln 
Tullidesk. lands thereof in the Barony 

of Balhelvy. 

John Leslie pupil son of Alexr. Leslie in Tempill his 
Walter Leslie of Largy. uncle appointed Tutor. 
Cautioner for him Andrew 
Leslie of New Leslie. 



Leslie v. Johnstoun. 



Octr. 5. Michaelmas Head Court. 

Swearing in of Sheriff John Gordoune of Avachy 
deputes. Mr. Gilbert Bissat and 

Allane Balfurd. 



Court held by virtue of a 
dispensation and by consent 
of all parties continued. 
Meantime the corn growing 
on the disputed ground to 
be harvested at mutual 
expense and not to be 
interfered with under the 
pain of Breach of Arrestment. 

Long List of Absent Barons. 

Sworn in by Baillie Alexander 
Chalmer. 



List of Jury on Inquests. 



Special Service. 
(Inq. Spec. AM. No. 50.) 



Robert Cultis of Ouchter- 
coull. 

John Mortimer of Cragivar. 

Alexander Burnet of Cra- 
gour. 

George Bard of Auchmed- 
den. 

Walter Ogiluy of Baldauy. 

John Leslie, portioner of 
Buchanstoun. 

John Cheyn of Crabistoun. 

Mr. Robert Chalmer bur- 
gess of Abirdeine. 

Alexr. Irving of Betty. 

Mr. Oliuer Pantoun bur- 
gess of Abd. 

Alexr. Chalmer of Cults. 

Thomas Meldrum of 
Ouchterles. 

Andrew Blak, burgess of 
Abd. 

Andrew Jak do. 

Duncan Dauidsoun of 
Brigend. 

Alexr. Chalmer son of 
Alexr. Chalmer of Bal- 
nacrag. 

212 



Balnacrag and Tullesyn 
the Barony of Cowlie. 



Diet Books: Vol. HI., Contents 



Date. Nature of Entry. 

1574. Service. Terce. 
Octr. 5. 



General Service. 



Removing, Action of. 



6. Spuilzie, Action of. 



Removing, Decree of 
(Supra 3 and 31 July.) 



Cognition, Action of. 



Liquidation of Profits, 
Action of. 



Parties. 

Barbara James widow of 
Wm. Andersoune in 
Tullidesk. 



Thomas Crag son of And- 
rew Crag Portioner of 
Balmalie. 

Dame Jane Gordoune 
Lady of Fyvie v. John 
Steuart brother to Lord 
Invermey and Mr. 
Archibald Betoune 

Chantour of Abirdeine 
his Curators. 



Thomas Con in Auchry v. 
John Leslie of Bal- 
quhane and James 
Leslie Burgess of Abd. 



Irvyn v. Irvyn. 



Subject or Res Gestae. 

Annual rent of 16 from 
Lands of Ordmiddill in the 
Barony of Auchterles 
Dempstar. 



No lands mentioned. This 
day had been fixed for the 
defenders to call their war- 
rant. There was produced 
for them a Court of Session 
Summons against Geo. Mel- 
drum, son and heir of the 
late Wm. Meldrum of Fyvie 
and his curators, viz. : John, 
Lord Glammis, Chancellor, 
Walter Barclay of Tolly and 
Mr. John Abirnethie, calling 
upon them to warrant 
Stewart. The Sasine of the 
latter dated 26 March 1560 
was also produced. The 
lands may have been 
Laithers or Dorlaithers. 
The case disappears from 
these books without a 
decision. 

Pleaded that, if there had 
been a spuilzie it was com- 
mitted by the late Wm. 
Leslie of Balquhane who 
had not been sued in his 
lifetime. Therefore no ac- 
tion lay "according to the 
customable observit use 
befoir the Lords." 

In respect caution not found 
for violence Decree was 
pronounced. 



John Setoun of Crabis- Continued " sub spe con- 
toune v. Wm. Setoune cordie. " 
of Meldrum and John 
Setoune of Auchinhuif. 

Sir John Carnegy of Kyn- The profits of two horses and 
nard, Knycht v. Alexr. three mares for 13 years 4 
Waus of Rulhvenis. months and 1 5 days. De- 

cree of Sh. Court dated 19 
June 1568 produced signed 
by Mr. Andrew Leslie, 
Sheriff Clerk for the time. 
213 



Aberdeenshire Sheriff Court : 



Date. 



1574- 
Octr. 6. 



Nature of Entry. 
Miln Multures, Action uf. 



Parties. 



Subject or Res Gestae. 



Alexr. Burnet of Cragour Andirmes Evin assigned to 
v. Wm. Farquharsone lodge Defences, 
alias Merchand and 
others. 



Confession 
lion. 



or Renuncia- 



7. Cognition, Action of. 



Wm. Smyth in favor of 
Dame Annas Keyth, 
Lady Murray and Co- 
lyne Campbell of Lome 
now her spouse. 

Andrew Strauchauchin in 
Tulliquhrosky v. James 
Irving of Murcailhouse 
and others. 



The Diracroft and Smiddy 
Croft "alias callit the 
Chalmerlains Croftis of the 
Haltoune of Fintray " in the 
Regalitie of Lundoris. 

Continued to Andirmes Evin. 



Removing, Decree of. 



Removing, Decree of. 



II. List of Jury on Inquest. 



General Service. 



Wm. Cheyne of Arnage 
v. Barbara James and 
James Lamb now her 
spouse and Robert 
And.ersoune. 



David Duncansoun of Cor- 
vache v. James Groyne. 



Alexander Mengzes Senior 

burgess of Aberdeen. 
Andrew Cromby do. 
Andrew Skeyn do. 

Alexr. Ranaldsoun do. 
James Cultis do. 

John Andersoun do. 
Gilbert Kintor do. 

Andrew George. do. 
John Mitchell do. 

Andrew Blak do. 

George Donaldsoun do. 



George Rait brother 
Robert Rait. 



Town and Lands of Tullidesk 
in the Barony of Kelly. 
Robert Anderson the son 
produced Lease to his father 
and his own service as heir 
dated I Feby. 1573 (Supra) 
There was no Decree 
against him. 

Half Lands, Half Miln and 
Multures of Kincragy in the 
Barony of TouchtandCluny. 
Sasine 26 Feby. 1567. 



of 



30. Liquidation of Violent Sir Robert Carnegy v. A diet of proof. Witnesses 



Profits, Action of. 



Alexr. Waus. 



examined and the original 
Decree of Spuilzie dated 19 
June 1568 signed by the 
late Mr. Andrew Leslie, 
then SheriffClerk produced. 
One witness is designed as 
in " Auld Abirdeine" and 
another in "New Abirden." 



214 



Diet Books: Vol. HI., Contents 



Date. 



Nature of Entry. 



Parties. 



Subject or Res Gestae. 



1574. Payment of Teind Sheaves, William, Erie Merschell The Earl was farmer of these 



Novr. 29. Decree for. v. Tenants in Deir, 

(Ant. A. &> B. II., 431.) Petirugy and Phillorth. 



teind sheaves. In evidence 
of title there was produced 
on his behalf an Assedation 
by Lord Robert the Com- 
mendator of Deir, signed 
with the Common Seal of 
Deir and under the subscrip- 
tions of the Commendator 
and Convent. There was 
also produced a rental and 
" the feir of the yeir of God" 
'573 fr m the books of the 
Commissariat of Aberdeen, 
by which the price of victual 
per boll was fixed at 46/8. 

Payment Teind Sheaves, William Erie Merschell The productions were as in 
Decree for. v. Tenants in Fouerne. the preceding case except 

that the Feirs for 1571-2-3 
were produced, showing 
that the boll of meal or 
victual was 25/- in 1571, 
3O/- in 1572 and 46/8 as 
above in 1573. 



Mill Multures, Action of. 



Wm. Strauchauchin of Pursuer's Sasine 
Glenkyndy v. Patk. Febry. 1556. 
Gordoune in Barrak. 



dated 20 



Confession or obligation. 



Robert Lumisden of Clov- Knovis binds himself to pay 
ayth v. Wm. Knovis of Lumsden 6 bolls of victual 
Logyruiff. before ' ' Pasche nixtocum 

undir the panis of poynding." 

At this place seven pages are left blank for Decrees in the Johnston v. Leslie cases 

which have never been written up. 

Deer. 2O. List of Jury on Inquest. William Udny of that ilk. 

William Craufurd of Fed- ' 

deret. 
Gilbert Collisoun burgess 

of Abd. 
John Cruikschank of Tilli- 

morgyne. 

Andrew Udny of Tillery. 
Gilbert Udny in Auchloun. 
Richard Udny in Mynnes. 
Patrick Gray, burgess of 

Abd. 

Andrew Blak do. 

John Knovis do. 

George Knovis of Borrous- 

toune. 

Alexr. Knovis Junior. 
Alexr. Burnet of Cragour. 
James Johnnestoun in 

Cheppeltoun. 
James Pantoun, portioner 

of Tullimad. 

215 



Aberdeenshire Sheriff Court: 



Date. 



1574- 

Deer. 20. 



Nature of Entry. 

Special Service. 
(Inq. Spec. Abd. No. 51.) 
(Compare Ant. A. & B. 
IV. 445-6.) 



Parties. 

John Gordoune of Glas- 
quoforrest brother ger- 
man of James Gordoune 
of Auchtirarne. 



1574-5- 
Jany. II. 



Head Court. 
Special Service. 



Subject or Res Gestae. 

Petition and Breif presented 
with these titles (I) Charter 
by John Forbes of Tolleis 
to the late Patrick Gordoune 
son of George Gordoune of 
Lesmoir and the heirs male 
of his body whom failing 
his heirs male whomsoever 
dated 16 May 1562 (2) 
Sasine thereon dated 1 5th 
June 1 562 and (3) Sasine in 
favor of the deceased James 
Gordoune dated I June 
1565. The lands were the 
half lands of Auchtirarne 
Tulloch Tannamoyn and 
Blakmyln. Jury styled 
"Condigne Inquest." In 
non entry eight months and 
twelve days. 



Long List of Absent Barons 
fined. 

Thomas Chalmer son of Tullecherie in the Barony of 
Thomas Chalmer of Fintray and Regalitie of 
Tullechery. Lundoris. Old value 3. 

Present value 6. Ten 
Jurors found the Service 
proved. These were Alexr. 
Chalmer of Cultis, Mr. 
Robert Chalmer, burgess, 
John Dun, burgess, Wm. 
Chalmer, burgess, Patrick 
Leslie, burgess, Andrew 
Chalmer, Portioner of 
Wester Disblair, Mr. George 
Johnnestoune, burgess, John 
Ross of Auchlossin, Alexr. 
Thomesoune portioner of 
Wester Disblair and James 
Johnnestoune of Cheppel- 
toune. 



Protest. 



Same case. 



Five Jurors vizt : Robert 
Cheyn, Hans Wod in Hal- 
toun of Fintray, John Wod 
of the Mill of Fintray, John 
Chalmer of Craigquhorty 
and Gawan Watsoun in 
Gavill protested that they 
found for a general service 
but not a service to any 
lands. 



216 



Diet Books: Vol. EL, Contents 

Date. Nature of Entry. Parties. 



Subject or Res Gestae. 



I 574~5- I jls ' of Jury on Inquest. Alexander Burnet of Cra- 
Febry. I. gour. 

A!exr. Meldrum of Bog- 

heidis. 

Thomas Con in Auchry. 
John Lyoun of Comalegy. 
William Troupe in Beggis- 

hill. 
James Johnnestoune in 

Cheppeltoun. 
Mr. Robert Chalmer bur- 
gess. 

Thomas Crag in Tarues. 
George Ledinghame in 

Auchinlek. 
Mr. John Gray in Pett- 

rechy. 

Gilbert Body in Petirheid. 
Mr. John Forsyth in 

Vindyhillis. 
Mr. James Chalmer of 

Grandoun. 

William Chalmer burgess. 
John Andersoune do. 



General Service. 



Mr. Thomas Austeane son 
of Mr. Thomas Aus- 
teane in Turreff. 



Double Poincling, Decree 
in. 



Andrew Robertsoun in 
Littill Cokla v. Wm. 
Keyth of Ludquharne, 
Wm. Keyth his eldest 
son and Gilbert Body 
in Petirheid. 



The Keiths let the land to 
Body, who let it to the 
Pursuer, against whom both 
were doing diligence for the 
rent. The Court found 
Body entitled to it and 
ordered the Keiths to desist 
from troubling Robertson. 



Payment, Decree for. 



Alexander Cullen, Burgess The action was really one to 



v. Alexr. Toucht of 
Cragerne as Cautioner 
for John Gordoun of 
Cluny. 



fix the value of seven bar- 
rells of salmon " full reid 
andsueit"in 1574. Proof 
was led on 13 January and 
now Decree is given for 
12 per barrell. 



Delivery of Writs, Action 
for. 



Robt. Johnnestoune bro- 
ther to the late George 
Johnnestoune of Cre- 
mound v. Mr. John 
Gray in Pettrechy. 



A Diet of proof. Defender 
protests that the depositions 
of certain witnesses "mak 
na fayth in respect thai can 
nother writ nor reid." 



EE 



217 



Aberdeenshire Sheriff Court: 



Date. 



Nature of Entry. 



Parties. 



Subject or Res Gestae. 



1574-5. Removing, Decree of. 
Febry. I. 



Meriore Forbes, Lady 
Terce of Dumbrek and 
Alexr. Meldrum of Bog- 
heidis her spouse v. 
Thos. Frandy alias 
Culross. 



Sunny third part of the Mains 
of Dumbreck in Ellon. 
Pursuer produced Instru- 
ment of Kenning of Terce 
dated 22 Jany. 1557. 



Spuilzie, Decree of. 



John Layng and Geo. 
Layng v. Alexr. Leslie 
in Glandirstoune and 
Henrie Leslie his son. 



' Ane brovne scurrit ox " 
taken from Hairstane in the 
Barony of Wardres in Oc- 
tober 1572. Price asked 
15 merks. Price decerned 
for ii merks. The Decree 
reserves the Pursuer's right 
to call for the profits. 



18. Kent, Decree for. 



Patrick Leslie burgess of "Certane wictuellis restand 

Abd. v. John Louren- awand of the quarter lands 

sone. of Ardoyne of the cropes 

sewintie tua and sewintie 

three yeiris." Amount 

settled by a reference to the 

Pursuer's oath. 



March 26. Cognition, Action of. 
Advocation. 



Walter Cant Induellar in 
Leyth, Robert Mubray, 
son of umquhill Robert 
Mubray, burgess of 
Edinburgh with consent 
of Walter and Jonet 
Cant his tutors, John 
Gordoun of Cluny, Mr. 
Thomas Stewart Citiner 
in Auld Abirdeine, Mr. 
George Myddiltoune 
Advocat, burgess of 
Abirdeine, Dauid 
Ruthirfurd son to Mr. 
Patrick Ruderfurd, with 
his fathers consent, 
Thomas Duvy son of 
umqll Patrik Duvy, bur- 
gess and a number of 
others^. George Auchin- 
lek of Schethin also of 
Balmanno. 



Dispute about the Nether Don 
and Cruives Fishings. A 
long list of the Pursuer's 
titles is given, derived from 
the Bishop and also from 
the Town Council of Aber- 
deen. Proceedings were 
stopped by the production 
of Letters of Advocation to 
the Court of Session, which 
are engrossed in the Diet 
Book and contain a state- 
ment of Auchinlek's case 
and the reasons of advoca- 
tion. He claimed to be 

- proprietor of " the tua pairt 
lands of All and haill the 
lands and barony of Bal- 
govny with the fisching als 
weill of salmound as of 
quhyit fische in the seysand 
and sey foment the landis 
of Polgovny, Murcour and 
Fingask with the huik bait 
and lyne and all thair perti- 
nentis" and pleaded no 
jurisdiction in the Sheriff 
Court over him or to try 
such a case. 



218 



Diet Books: Vol. HI., Contents 



Date. 

1574-5- 
March 26. 



Nature of Entry. 
Spuilzie, Action of. 



Parties. 

Patrick Leslie in Blairdy nny 
v. Archibald Schand in 
Newtoun of Wrang- 
hayme. 



Liquidation and payment, 
Decree of. 



List of Jury on Inquest. 



Service. Terce. 



1575. Head Court. 
April 12. 

Revocation of Deeds 
in minority and 
Ratification. 



James Bannerman Baxter 
burgess of Abd. v. 
Andrew Henry in Kyn- 
muk. 

John Gordoun of Auch- 

machar. 

Mr. George Middiltoun. 
George Bard of Auchmed- 

den. 
Alexander Donaldsoun, 

burgess. 
William Chalmer in Kin- 

drocht. 
James Johnnestoun in 

Cheppeltoun. 
William Auchquhennachy 

of that ilk. 
Robert Neilsoun Armiger 

(Esquire). 
Mr. William Dauidson, 

Advocate. 
Archibald Douglas. 
Mr. Robert Chalmer bur- 
gess. 
George Vatsoun in the 

Greyn. 

Thomas Mout in Wodland. 
Gilbert Collisoun, Baillie 

of Aberdeen. 
James Leslie, burgess there. 

Elet. Lyoune widow of 
John Tullocht portioner 
of Moncuffir. 



John Rany in Kintor. 



219 



Subject or Res Gestae. 

The taking "of ane gray hors 
wantand ane ee " from the 
lands of Balquhane. The 
value put on this one eyed 
animal by the Pursuer was 
20 ; but the case was 
continued to the Wednesday 
after the " Heid Pasche 
Court " and does not appear 
then or afterwards. 

Four bolls of Beir with " tua 
pekis to Ilk boll" price 
fixed at 53/4 per boll with 
the pecks. 



Shadow half lands of Mon- 
cuffer, Corsky, Govay, 
Foulsy &c. and Salmon 
fishing upon the Deveron in 
the Parish of Kingedward. 

Long List of Absent Barons 
fined. 

General Revocation upon oath 
of Deeds granted in minority 
and specially of one to Robt. 
Makky. Special Ratifica- 
tion of Deeds granted to 
John Leslie of (? in) Kintor. 



Aberdeenshire Sheriff Court : 



Date. 



Nature of Entry. 



1575. List of Jury on Inquests. 
April 12. 



Special Service. 
Special Service. 



Tutory. 



Special Service. 



Parties. 

Patrick Movat of Boqu- 

holly. 
William Craufurd of Fed- 

deret. 

John Mortimer of Cragivar. 
Robert Cultis of Auchter- 

coull. 
William Strauchauchin of 

Glenkindie. 

Patrick Leyth of Ilarthill. 
Walter Barclay of Sleoch. 
Robert Irving of Murthill. 
George Movat of Loscragy. 
George Gordoun of Ardlay. 
Walter Innes of Litil 

Auchmacoy. 
John Dempster of Knok- 

leyth. 

John Blakhall in Stanevod. 
Gilbert Movat in Turreff. 
Alexr. Cruikschank bur- 
gess of Abd. 
Alexr. Bairins burgess of 

Abd. 

Patrick Coupland son of 
Thos. Coupland of 
Udauch. 

Robert Hog brother of 
Thos. Hog. 



John Patre pupil son of 
Wm. Patre in Balhagar- 
tie. 



John Gordoun of Petlurg 
son of John Gordoun of 
Petlurg. 



Subject or Res Gestae. 



Half Lands of Udauch. 
non entry one year. 



In 



Lands and outseat of Wester 
Pitfoddels called "the hill 
ofFauldis." Old value 2O/- 
Present value 4. Held 
blench of Thomas Mengzes 
of Pitfoddels. In non entry 
4 months. 

John Patre in Legal, the 
pupil's Uncle appointed 
Tutor, Mr. George Johnnes- 
toun, burgess of Aberdeen 
becoming Cautioner for his 
faithful administration. 

The lands of Ardlaucht with 
the Mill of Badechell c. 
in the Barony of Aberdour. 
It appears that John Gordon 
the elder died in Queen 
Mary's time and that Janet 
Ogilvy his widow, who had 
a conjunct fee was still alive, 
her liferent being reserved. 
(Vide next entry). Old 
value of the lands $. 
Present value ,6.13.4. 
Held blench of Alexr. 
Fraser of Phillorth for pair 
of white gloves. 



220 



Diet Books: Vol. DL, Contents 



Date. 

1575- 
April 12. 



IS- 



Nature of Entry. 
Procuratory. 



Spuilzie. Action of 
Wakening. 



1 6. Removing, Decree of. 



May 16. List of Jury on Inquest. 



Special Service. 



Parties. 

Jonet Ogilvy widow of 
John Gordon of Petlurg 
and wife of James Ogilvy 
of Blarak. 



Wm. Chalmer portioner of 
Kindrocht v. Andrew 
Keyth of Auldmad. 

Mr. Thos. Mengzes of 
Durne v. James Nicol- 
soune Writtar in Edinr. 
and John Robertsoun 
burgess of Abd. 



Subject or Res Gestae. 

Appoints George Ogilvy in 
Cullan and George Ogilvy 
brother german to John 
Ogilvy in Glassau to appear 
before the Sheriff and con- 
sent to the foregoing service, 
reserving her liferent. 

A Diet of Proof. 



A half nets fishing of the Kaik 
upon the Water of Dee. 
The Defenders were said to 
have been in violent occu- 
pation "sen the Vigill of 
Sanct Androw last by past " 
1574, forty days before 
which they had been warned 
to remove. The Pursuer's 
Sasine was dated the 
day of 1556. 



William Craufurd of Fed- 

deret. 
Mr. Robert Lumsden of 

Clovayth. 

John Ross of Auchlossinc. 
Gilbert Menzes Senior 

burgess. 
William Urry of Auchin- 

hamperis. 
Andrew Burnet of Cow- 

cardy. 
James Kyng portioner of 

Barrauch. 

John Burnet, burgess. 
William Kyng of Westir- 

hous. 
Alexander Hunter of Tulli- 

haikeis. 

Dauid Endeauch burgess. 
Alexander Cullen do. 
George Gardyn of Ban- 

chorie. 

Patrick Gray burgess. 
Alexander Knovis Senior 

burgess. 

John Mortimer of Cragivar 
son of Alex. Mortimer 
of Duriyngteir. 



221 



The lands and Mill of 
Dunyngteir. Old value 
40/-. Present value 8. 
Held of the Crown. In 
non entry for two months 
since the death of Margaret 
Mengzes, the heir's mother, 
who had been conjunct fiar. 



Aberdeenshire Sheriff Court: 



Date. Nature of Entry. 

1575. Transferring, Decree of. 
May 21. 



Warrandice, Action of. 
(Supra 6 Octr. 1574.) 



Spuilzie, Decree of. 



25. Transurnpt, Decree of. 



31. Removing, Decree of. 



Parties. 

Mr. Robt. Lumisden of 
Clowayth for himself 
and in name of his 
youngest daughter 

Christane v. Dauid 
Menzes as immediate 
heir to Alexr. Menzes 
his brother german. 



John Stewart brother of 
James Lord Invermeyth 
v. Geo. Meldrum of 
Fyvie. 

Wm. Chalmer in Kin- 
drocht v. Andrew Keyth 
in Auldmad. 

James Gordoun of Tully- 
angous v. Alexander 
Lord Saltoune, Alexr. 
Young, &c. 

Grissal Auchinlek liferen- 
trix of Litill Drumqu- 
hendill and Alexr. Innes 
of Ardgrayne now her 
spouse v. John Pantoune 
of Petmedden and John 
Pantoune son of Win. 
Pantoune in Craig and 
another. 



Subject or Res Gestae. 

Alexander and David Menzes 
were sons of Gilbert Menzes, 
elder, burgess of Aberdeen. 
Alexander had married 
Christian Lumsden and their 
Marriage Contract was dated 
5 July 1568 and had been 
registered "in the Shreff 
buikis of Abirdeine. " David 
Menzes as heir of his brother 
had apparently got a Decree 
in the Burgh Court against 
the widow for delivery of the 
" airschipe guidis and geir " 
to him. These proceedings 
transferring Alexander's 
obligations under the Mar- 
riage Contract to David, 
were doubtless the counter- 
blast. 

Letters of Advocation presen- 
ted but not engrossed. 



Four oxen taken in Septr. 1573. 
Valued by Pursuer at 10 
each, by Sheriff at 4 each. 

Instrument of Sasine of the 
Lands of Widdirburne 
dated 4 June 1543. 



The Defenders Pantoune were 
the principal tenant and sub- 
tenant of Wodland in the 
Barony of Monycabok of 
which Innes was Tacksman. 
The female pursuer was 
liferentrix of Little Drum- 
quendill in Methlick. 



June 2. Removing, Decree of. 



Removing, Decree of. 



Wm. Frensche, son of 
George Frensche v. 
John Guthrie, Smyth in 
Auld Abirdeine. 



Agnes Gray liferentrix of 
Kingask v. Thomas Wat. 



A tenement of land containing 
16 roods with house and 
yard on the east part of the 
" Citie of Auld Abirdeine." 
The west boundary was 
"The King's comound get." 

The Knaveship Croft of the 
Mill of Fingask in Daviot 
and the knaveships thereof. 
Sasine dated 25 May 1562. 



Diet Books: Vol. EL, Contents 



Date. 

IS7S- 
June 2. 



Nature of Entry. 
List of Jury on Inquests. 



Special Service. 



6. Removing, Decree of. 



7. Confession Renunciation 
and Decree of Remo- 
ving. 



Removing, Decree of. 



Parties. Subject or Kes Gestae. 

John Leyth of Myddil 

Disblair. 
Alexander Gardyne of 

Blakfuyrd. 
John Leslie in Mekill 

Durno. 
John Layng in Drumgo- 

wand. 

John Lowsoune burgess. 
John Blak do. 

Alexander Litster do. 
Marcus Howesoun do. 
Alexander Bairins do. 
Patrick Leslie do. 
Alexander Lowsoun do. 
Mr. Andrew Thomesoun 

Reader of Rayne. 
Laurence Keyth of Kirk- 

toune of Rayne. 
Alexander Howesoune 

burgess. 
Alexander Thomesoune 

portioner of Disblair. 

Christina Leslie daughter Sunny half of Lowesk in the 
of Geo. Leslie in Abir- Parish of Rayne. Held 
deine. blench of John Leslie of 

Balquhane. Old value 2O/-. 
Present value 4. In non 
entry one month. The life- 
rent of Marjory Galloway, 
the mother of Christina in 
the Shadow half of the 
Sunny half Ixnng reserved. 

The Shadow half of the Pur- 
suer's part of Tullygrig in 
the Barony of Inverdone. 
Chalmer's title proceeded 
from Wm. Bishop of Aber- 
deen and his Sasine was 
dated 30 Jany. 1562. 

Aiken appears and confesses 
that he has no title to occupy 
and obliges himself to re- 
move and to make the lands 
" Woid red and patent frath- 
infurth of himselff" &c. &c. 
on which Decree is pro- 
nounced. 

Elspet Gordoun Lady of The Shadow three oxingang of 
Shewes v. Bessie An- the Middle third part Lands 
nand widow and Gil- 
bert Ilendirsoune her 



Mr. Robt. Chalmer bur- 
gess of Abd. v. George 
Gordoun. 



Wm. Udny of that Ilk v. 
William Aikeyne in 
Ardmoir. 



223 



of Cheppeltoun of Essil- 
month in the Parish of 
Ellone. Sasine dated 21 
Jany. 1572. 



Aberdeenshire Sheriff Court : 



Date. Nature of Entry. 

1575. Removing, Decree of. 
June 7. 



9. Removing, Decree of. 



10. Removing, Decree of. 



1 6. Removing, Decree of. 



Removing, Decree of. 



Parties. 

Walter Inncs v. David 
Watsone. 



Gilbert Mair in Awanleis 
v. Thos. and Andrew 
Schipert. 

Dame Annas Keyth, 
Countes of Ardgyill and 
Murray etc. and Colyne 
Erie of Ardgyill Lord 
Campbell and Lome 
etc. her spouse z. Wm. 
Symmer and Alex. Sym- 
mer in Coustaines. 



Alexr. Waus of Ruthvenis 
v. Tat rick Duncan and 
Arthur Jamesoun alias 
Calder. 



Mr. Gilbert Bissat of Pet- 
mukstoune i'. Richart 
Quhyit alias Fleschor. 



Subject or Res Gestae. 

Sunny half Lands of Moreis- 
seit. The Pursuer's title 
was a lease from Andrew 
Erie of Erroll dated 6 Febry. 
1564. 

Shadow half of the Sunny half 
of Hairmoss in Kinged ward. 
Sasine dated 7 July 1569. 

Four oxingang of the Toune 
and Lands of Haltoun of 
Fintray, Barony of Fintray 
and Regalitie of Lundoris. 
The precept of warning was 
signed and sealed by the 
Earl and Countess at Edin- 
burgh on 8 March 1574 and 
the date of the Sasine pro- 
duced was 29 March 1564. 

Each from four oxingang of 
the easier half of Nedir 
Ruthvenis in the Parish of 
Logy Mar. Sasine dated 
9 Octr. 1563. 

The Shadow plough of the 
lands of Petmukstoune and 
also "the outseit, houssis, 
yairdis, fishous byir and 
stabill and croft occupeit be 
Bessie Cutler his moder and 
the said Richart." The 
defender appeared and con- 
sented to Decree, so no title 
was produced. Mr. Bissat 
was on the bench along with 
another depute : but on the 
margin are these words, 
" Pro parte Bissat non sede- 
bat." 



1 8. Removing, Decree of. 



20. Removing, Decree of. 



Wm. Fraser of Litill Clin- 
terty, with consent of 
Michael Fraser of Stane- 
wod v. Wm. Udny. 



Alexr. Knowis, Elder, 
Burgess of Abd. v. 
David Ross. 



224 



"Toune and Landis of Litill 
Clinterty " in the Barony of 
Stanewod. Sasine dated 
17 Septr. 1570. Notary 
Mr. James Forbes. 

The lands of Coardaucht and 
four oxingang of Slowy in 
the Parish of Kincardine 
O'Neil. Sasine dated 20 
August 1551- Notary David 
Setoun. 



Diet Books: Vol. HI., Contents 

Date. Nature of Entry. Parties. 

1575. Removing, Decree of Wm. Auchinlek of Sche- 
June 20. (partial). thine, as Assignee of 

Geo. Auchinlek of Bal- 
manno v. Jonet Movat 
relict of Thos. Coupland 
of Udaucht and others. 



Subject or Res Gestae. 

The laird of Balmanno was 
donator to the Marriage of 
the heir or heirs, with the 
ward relief and nonentries 
of the late Thos. Coupland 
of Udaucht. These he had 
assigned to Wm. Auchinlek 
the Pursuer, who now sought 
to have Coupland's widow 
removed from Mains of 
Udaucht, and the other 
occupiers from their hold- 
ings. The grant under the 
Privy Seal was dated 19 May 
1574 and the Assignation 
30 Novr. following. No 
one appeared to defend 
except the widow, who found 
caution for the violent profits 
and was ordained to lodge 
defences on 5 July. Decree 
passed against the other 
defenders. 



23. List of Jury on Inquest. 



Mr. Robert Lumsden of 

Clowayth. 

John Leslie of that Ilk. 
Mr. Robert Leslie. 
Patrick Leyth of Harthill. 
Bartholemew Leslie. 
James Leslie in Durno. 
John Leslie. 
George Creychtoun of Litil 

Forg. 

Gilbert Collisoun burgess. 
Alexr. Knovis Senior. 
Alexr. Knovis Junior. 
Alexr. Buchan of Auchma- 

coy. 
Andrew Leslie of Boqu- 

harn. 
John Leyth of Middil Dis- 

blair. 
Alexr. Burnet of Craigour. 



Special Service. 



John Leslie son of Patrick 
Leslie of Duncanstoune. 



Lands of Duncanstoune in the 
Regality of the Garioch. 
Old value 2O/-. Present 
value j4. Held blench of 
William Leslie of Wardres. 
In non entry nine months 
and twenty days. 



KF 



225 



Aberdeenshire Sheriff Court: 



Date. Nature of Entry. 



Parties. 



Subject or Res Gestae. 



'S7S- Removing, Decree of 
June 23. (partial). 



Countess of Ardgyill and 
the Earl v. John Clark 
and other tenants in 
Haltoune of Fintray. 



Clark defended alleging a lease 
and found caution. Against 
the others Decree passed. 



July 4. Removing, Decree of 
(partial). 



Countess of Ardgyill and 
the Earl v. Hans Wod 
and Margt. Glenny and 
John Thome her spouse. 



Holdings in Fintray. Wod's 
holding is thus described 
' ' four oxingang of the landis 
of Haltoun of Fintray with 
the Brewhous Mairscraipin- 
gis Insche Aikeris beyound 
the burne and croft undir the 
Dyik." He defended and 
was ordained to find caution. 



5. Confession and Renuncia- 
tion. 

(Supra 9 June.) 



Thomas and Andrew On renouncing and agreeing 
Schipherd. to leave at Whitsunday 1576 

and giving up some of the 
ground to Gilbert Mair the 
proprietor at once, the 
Shepherds are allowed to 
sit for a year. The pro- 
prietor gets leave "to teill, 
fauch and ryive ley and 
muir" (the part of the ground 
given up) "this yeir." 



Eviction and Violent Pro- 
fits, Decree for. 



John Gordoune of Auld- 
touneleyis as Assignee 
of \Vm. Idyll v. Wm. 
Mertyne in Over Tul- 
locht. 



In June 1574 Idyll was in 
peaceable possession of the 
Town and lands of Dipstoun 
in the Barony of Keige and 
Monymusk and Regalitie of 
Sanct Andrewis, when as 
he says he was by Mertyne 
violently " evectit outpat 
and keist furth " from his 
possession. On 10 April 
1575 Idyll assigned his 
claims to Gordoune. There 
is a very full specification of 
the violent profits here. 



14. Removing, Decree of 
(partial). 



Wm. Leslie of Wardres v. Mill of Buchanstoune alias 
John Leslie of Buchan- Ardwyne and others. John 
stounc and others. Leslie and another state a 

defence and refer it to the 
Pursuer's oath. Case con- 
tinued to 30 July for his 
deposition. Decree against 
remaining Defenders. 



226 



Diet Books: Vol. DL, Contents 

Date. Nature of Entry. Parties. 



Subject or Res Gestae. 



1575- 
July 20. 



List of Jury on Inquest. 



Special Service. 



Thomas Meldrum of Eden. 
Alexander Waus of Ruth- 

venis. 
Alexr. Meldrum of Bog- 

heidis. 
Patrick Dilgarno of that 

Ilk. 
Mr. William Gordoun of 

Terpersie. 
Patrick Gordoun of Oustis- 

hill. 
John Gordoun of Liche- 

soune. 
John Meldrum of Jakis- 

toun. 
Thomas Meldrum of Com- 

alynis. 
Patrick Meldrum apparent 

of Comalynis. 
James Innes of Jakistoune. 
Robert Meldrum of Cov- 

hill. 
George Gordoun of Auch- 

mangzie. 
James Gordoun of Tully- 

angous. 
Alexander Burnet of Cra- 

gour. 



George Gordoune son 
James Gordoune of 
Crechie 



Shadow half of Rothynor- 
mound, Parish of Fyvie. 
Sunny half of Outseat of 
Rothynormound in Barony 
of Bambreicht by annexa- 
tion. Kirktoun of Fyvie, 
Bridgend of Fyvie, Priors 
Mill, in Barony of Fyvie 
and Regality of Garioch. 
Old value of Rothynor- 
mound and Outseat 4O/- 
Present value 8. Old 
value of Kirktoun etc. 
.3.6.8. Present value 
15. The former were 
held blench of John Leslie 
of Balquhane and the latter 
also blench of George Gor- 
doun of Scheves. Barbara 
Hay had renounced her 
conjunct fee. 



21. Removing, Decree of. 



James Gordoun of Tully- 
angous v. Alexr. Irving. 



227 



Sixth part lands of Weddir- 
burne, parish of Drumblait. 
Transumpt Sasine produced 
(vide entry of 25 May) 



Aberdeenshire Sheriff Court: 



Date. Nature of Entry. 

'575- Removing, Decree of. 
July 29. 



30. Removing, Decree of. 
(Supra 20 June.) 



Removing, Decree of. 
Removing, Action of. 



Removing, Decree of. 



Eviction, Action of. 



Eviction, Action of. 



Removing, Decree of. 



Parties. 

Martyne Howesoun bur- 
gess of Abd. V. Issobcll 
Sklait widow of James 
Still. 



Auchinlek v. Mowat. 



Patrick Lesl ie of Kyncragie 
v. Margt. Forbes and 
another. 

Meriore Leslie widow of 
John Lamb in Rothy- 
normound and William 
Ogstoun in Turreft" her 
spouse v. David Lamb. 



James Cheyn in Ordley v. 
Patrick Barclay. 



Alexr. Buchane of Auch- 
inacoy, assignee of 
Gilbert Forrest in Kid- 
dishill v. Mr. Oliver 
Pantoun Burgess of Abd. 

Alexr. Buchane of Auch- 
macoy, assignee of 
Isobcll Duncan in Cul- 
lox 11. Mr. Oliver 
Pantoune. 

Geo. Gordoun of Lesmoir 
v. Geo. Gordoun in 
Prony, principal tenant 
of Cornekelt, James 
Gordoun of Birkcn- 
burne, principal tenant 
of Auldevay, and young 
Will Abrahame his 
subtenant. 

228 



Subject or Res Gestae. 

Four oxingang of the " toune 
and landis of Scotistoune " 
in Sanct Macher. Sasinc 
dated 23 Novr. 1554. 
Notary Mr. George Barclay. 

In respect of her failure to 
establish a title, decree 
passes against Janet Mowat 
Widow of the deceased 
Thos. Coupland of Udaucht. 

Parts of Kincragy in the 
parish of Touch. 



Four oxingang of the shadow 
plough of " Langmanis- 
wallis," being a pendicle of 
"Intoun of Rothynor- 
mound " in the Barony of 
Bambreicht. Sasine dated 
10 Octr. 1561. The u 
Octr. assigned to Defender 
to establish his defence. 

Lands of Ordley in Barony of 
Auchterles. An Act of a 
Bailzie Court signed by 
Alexr. Eraser, Notary and 
Clerk of Court for the time, 
dated 19 Febry. 1574 was 
produced and the Defender 
appeared and consented to 
remove. 

Alleged Eviction from Oy- 
korne in Kingedward in 
April 1572. Assignation 
dated 14 July 1575. De- 
fences ordered on 4 Octr. 

The circumstances and dates 
as in preceding case. The 
Notary who signed both 
assignations was David 
Setoun. 

Sasine dated 23 April 1573. 



Diet Books : Vol. DDL, Contents 

Date. Nature of Entry. Parlies. 



Subject or Res Gestae. 



1575- 
July 30. 



Removing, Decree of. 



John Gordoun of Polflug 
v. John Stewine in 
Blachrie and others. 



Toune and lands of Blachrie 
in the parish of Fyvie. 
Sasine dated 31 August 
1560. 



Payment, Action of. 



Alexr. Fraser of Phillortht 
and John Fraser in 
Memsy his servant v. 
Wm. Cuming of In- 
veralloquhy. 



Certain sums of money. Case 
continued to "Ileid Michal- 
mes Court nix to cum " for 
defences. 



List of Jury on Inquest. 



William Craufurd of Fed- 
deret. 

Mr. Robert Chalmer bur- 
gess. 

Mr. George Johnstoun do. 

Andrew Hunter do. 

Patrick Hunter do. 

John Lyoun of Comalegy. 

William Cheyn of Arnege. 

William Mengzes burgess. 

Alexr. Buchan of Auchma- 
coy. 

Gilbert Mengzes of Covly. 

Alexr. Mengzes burgess. 

James Maitland of Mon- 
lety. 

George Strauchauchin 
burgess. 



Special Service. 



Alexr. Mengzes burgess 
of Abd. 



David Mengzes burgess of Shadow half of town and lands 
Abd. brother german of of Lowesk. Also the town 
and lands of Knokalloquhy 
in warrandice of Lowesk. 
Held blench of John Leslie 
of Balquhane. Reservation 
of liferent of Christina 
Lumsden Alexr. Mengzes 
widow. Old value of 
Lowesk I5/- Present value 
3. Old value of Knokal- 
loquhy 2O/- Present value 
4. ( Vide Supra 21 May.) 



Augt. 10. Baillie Court. Presenta- 
tion of Commission by 
Special Sheriff Deputes. 



Gilbert Mengzes of Cowly 
and Mr. Goo. Myddil- 
toune. 



This is the first of a series of 
interesting and important 
entries regarding the service 
of George 5th Earl of 
Huntly as heir to his father 
the 4th Earl. The Court 
was held by Baillie Alexr. 
Chalmer who administered 
the oath de fideli. 



229 



Aberdeenshire Sheriff Court : 



Date. 

IS75- 
Augt.i5 



Nature of Entry. 



Sitting of the 
Sheriff deputes. 



Special 



Octr. 4. Head Court. 



Payment, Action of. 
(Supra 30 July.) 



Transumpt. 

5 . Procuralory. 

Cognition, Action of. 



Cognition, Action of. 



Removing, Decree of. 



Parlies. Subject or Res Gestae. 

They appoint a clerk of Court 
an officer and a dempster 
and cause their Commission 
to be recorded. They also 
passed to the Market Cross 
and proclaimed the Brieve. 

List of Absent Barons fined. 
Fraser of Phillorth and Letters of Horning against 



Fraser of Memsy v. 
Cuming of Inveral- 
loquhy. 



John Ross of Auchlossin. 



Gilbert Mengzes of Cowly. 



Gilbert Mengzes of Cowly 
v. Robt. Innes of Inver- 
marky Alexr. Innes of 
Ardgrayne and James 
Grig. 



Phillorth produced, 
respect of which it was 
pleaded that he had no 
status to sue. Case con- 
tinued to II Octr. 

Royal Charter of Union of 
the three quarter lands of 
Auchlossin and Lands of 
Carnbady into a free Barony 
called the Barony of Auch- 
lossin dated 4 Feby. 1570. 

Appoints Mr. Geo. Barclay 
and Mr. John Kennedy his 
procurators. 

Produced for Mengzes 

(1) Charter by 4th Earl of 
Huntlie and by the 5th 
Earl dated 15 Apl. 1555. 

(2) Sasine dated 17 May 

1555- 

(3) Charter of the House of 
Abirbrothok dated 20 
July 1564. 

Objections by Defender to the 
competency of Mr. Gilbert 
Bissat and Alexr. Johnnes- 
toune the two Sheriffsdepute 
presiding. Last day of 
Octr. assigned for defences. 

George Haliburtoune of The Lands of Weddirburne 
Petcur James Gordoun the subject of dispute. De- 
of Tullyangus Alexr. 
Irving of Ordley v. 
John Lyoune portioner 
of Comalegy. 

Alexr. Meldrum of Bog- 
heidis v. John Cruk- 
schank and another. 



fences to be lodged on 
Allhallowevin. 



Portions of Kynbrein in the 
Parish of Fyvie. Pursuers 
title was a Lease from 
Gilbert Johnnestoune of 
Standandstains dated 1 8 
April 1569. 



230 



Diet Books: Vol. HI., Contents 



Date. 



Nature of Entry. 



1575. List of Jury on Inquest. 
Octr. ii. 



Special Service. 



Payment, Action of. 



Cognition. 



Parties. 

James Gordoun of Had- 

doch. 
Sir John Carnegy of 

Kynnard Knt. 
Alexander Fraser of Phil- 

lorth. 
Alexander Waus of Ruth- 

venis. 

William Cheyne of Arnege. 
Robert Turing of Fouerne. 
William Cuming of Inner- 

alloquhy, 

William Leslie of Wardres. 
George Gordoun of Les- 

moir. 

John Ross of Auchlossin. 
John Erskyne of Bal- 

hagarty. 

Patrick Leyth of Harthill. 
Alexander Burnet of 

Craigour. 
Alexander Chalmer of 

Cultis. 
John Cheyn of Crabis- 

toune. 

The Earl of Huntlie. 



Subject or Res Gestae. 



Phillorth v. Inveralloquhy. 



Lord Huntly appearing per- 
sonally before the specially 
constituted Sheriffs depute, 
produces his Brieve and 
Petition. A Jury was em- 
pannelled and retired, Lord 
Huntly protesting, if they 
did not serve him, for 
wilful error and remeid of 
law. The Lands are not 
named. 

Letters of Relaxation of Phil- 
lorth from the Horn pro- 
duced. This is a sitting of 
the regular Sheriff Court, 
when the principal Sheriff 
and Mr. Gilbert Bissat his 
depute preside and are said 
to do so conjunctly and 
severally. 

Dispute about the marches of 
the Forest of Glenawine. 
Letters of Advocation pro- 
duced but not engrossed. 

29. Payment of Teind Sheaves Williame Erie Merschell Feirof the year 1574 produced 

. Tenants in Foveran. under the hand of Mr. John 
Chalmer Commissary Clerk. 
Boll meal 46/8. 
231 



Sir John Carnegy of Kyn- 
nard v. John Strauch- 
auchin of Thornetoune. 



Aberdeenshire Sheriff Court : 



Date. 



'575- 
Octr. 31. 



Nature of Entry. 

Commission to Sheriffs 
depute. 



Parties. 



David Crag 
Gunner. 



Special Service. 



Payment Teind Sheaves, 
Decree of. 



Cognition, Action of. 



Spuilzie, Action of. 



and Thos. 



Alexr. Hay son of Alexr. 
Hay in Ardmakhorne. 



William Erie 
&c. &c. 



Merschell 



Robert Innes of Inver- 
marky v. Gilbert Meng- 
zes of Cowly and others. 



Alexr. Patersoune, Mer- 
chand v. John Walcar 
in Torry, Parish of 
Ellone. 



Subject or Res Gestae. 

These men were appointed on 
the following narrative in 
the Commission granted by 
Lord Huntlie. " Forsame- 
kill as thair is diuers actionis 
intentit be sundry personis 
befoir us and our depuittis 
ellis be us constitut in the 
said Shrefdome, quairunto 
our forsaidis deputis throw 
consanguinitie and affinitie 
can nocht be juges compe- 
tent, Thairfoir" &c. &c. 
The Commission was for the 
period to Michaelmas 1576 
and afterwards during the 
Sheriff's pleasure. 

An annual rent of 20 merks 
payable from the lands of 
Auldmad in the Barony of 
Slains. Held of Thomas 
Leisk of Auldmad. In non- 
entry five months. Names 
of Jurors not filled in. 

Teind Sheaves of the Parishes 
of Deir, Petirugy and Phil- 
lorth Crop 1574. A long 
list of occupiers. Feir of 
the year under the hand of 
Mr. John Chalmer, Com- 
missary Clerk produced. 

Dispute about the boundaries 
of the lands of Wodland in 
the Barony of Monycabok 
which Innes held in heri- 
tage. 

"Ane ravin blak hors with 
ane quhyit spot on ilk syid 
undir the sadill," said to 
have been taken from the 
Lands of Petty in Octr. 
1574. Defences ordered by 
"Andirmes Evin." 



Payment, Action of. 



Mr. John Kennedy general For 20 years arrears of an 
procurator and collector annual rent of 26/8 pertain- 
ing to them in patrimony. 
Defences ordered at the 



to the Cheplains of the 
Collage and Queyr of 
the paroche kirk of Abd. 
v. Mr. Gilbert Bissat of 
Petmukstoune. 



Yuill Court. 



232 



Diet Books: Vol. HI., Contents 



Date. 



Nature of Entry. 



1575. Removing, Decree of. 
Novr. 23. 



Parties. 

John Gordoune of Petlurg 
v. John Gordoune in 
Milhill. 



29. 



Special Service (further The Earl of Iluntlie. 
proceedings). 



Special Service, Dispensa- 
tion for. 



Walter Urquhart, Sheriff 
of Cromarty. 



Removing, Confession of. John Gordoun of Climy 
v. Patrick Gordoun in 
Oustishill. 



Subject or Res Gestae. 

Four oxingang of the sunny 
plough of Milhill in the 
Barony of Kynmoundy. 
Sasine dated 9 June 1546. 

Another sitting, to which the 
former Jury with one or two 
alterations were summoned 
" to deliver affirmative," 
under pain of rebellion. A 
number of titles and reduc- 
tions of forfeiture produced. 

Royal Dispensation permitting 
the Sheriff of Aberdeen to 
carry through service to 
Lands and Barony of 
Fischerie, although Walter 
Urquhart's mother Beatrix 
Innes was infeft in conjunct 
fee with her late husband 
Alexr. Urquhart. 

'The tua pairt landis and 
biggings of Tullemair" in 
the Barony of Cluny. While 
admitting he had to remove 
from the above, Patrick Gor- 
doun claimed right still to 
occupy the third part of the 
lands. 



List of Jury on Inquests. 



GG 



James Gordoun of Methlik. 
John Gordoun of Petlurg. 
John Erskeyne of Balha- 

garty. 

Thomas Meldrum of Eden. 
Patrick Leyth of Ilarthill. 
William Gordoun of Auc- 

hindoir. 
William Blackhall of Bar- 

rauch. 
Mr. Robert Lumisden of 

Clowayth. 
Alexander Buchan of Auch- 

macoy. 
James Kyng, portioner of 

Barrauch. 
John Cheyne of Crabis- 

toune. 
James Maitland of Mon- 

lety. 
George Meldrum of Ard- 

fork. 

Henry Gordoun of Tulloch. 
Alexr. Chalmer of Tyrie. 

233 



Aberdeenshire Sheriff Court: 



Date. 



Nature of Entry. 



Parties. 



Subject or Res Gestae. 



1 575- Special Service. 
Novr. 29. 



Walter Urquhart son of 
Alexr. Urquhart, Sheriff 
of Cromarly. 



Lands of Fischerie and Mill 
thereof, Faychfauldis, Cloch- 
corby, Bray, Tullebo and 
Valcarhill lying in the 
Barony of Fischerie. The 
liferent of the dowager 
Beatrix Innes is reserved. 
Held of the Crown in Ward 
and Relief. Old value 9. 
Present value 36. 



Special Service. 



George Gordoun of 
Schewes son of James 
Gordoun who was 
brother german of Sir 
George Gordoun of 
Schewes. 



The Barony of Schewes, reser- 
ving liferent of Elet. Gor- 
doune, widow of Sir George. 
Held of Crown. Old value 
14 .13.4. Present value 



Removing, Decree of. 



John Gordoun of Petlurg 
v. Alexr. Paxtoune alias 
Makkyng and another. 



Four oxingang of Bogfork as 
part and pendicle of the 
lands of Botarie in the Lord- 
ship of Huntly. Pursuer 
produced a Lease of the 
Lands granted by Lord 
Huntly on 29 April 1573. 



Protestation and Pleading. 



Beatrix Innes v. Walter Although engrossed at this 
Urquhart. place this entry ought to 

have come after the produc- 
tion of the dispensation and 
before the actual service, 
which the Widow opposed 
but not successfully. 



Special Service. 



The Earl of Huntlie. 



Lands in the Lordships and 
Baronies of Keig and Mony- 
musk and Regality of St. 
Andrews, which were held 
of the Bishop of St. Andrews. 
The Jury refused to serve 
because there was no Bishop 
ol St. Andrews and no brieve 
issued from that Chancel- 
larie. The Jury in this and 
following service were as on 
1 1 Octr. omitting Phillorth, 
Lesmoir and Inverallochy 
and with the addition of 
Clowayth, Barrauch and 
Petcapill. 



234 



Diet Books: Vol. HI., Contents 



Date. 

1575- 
Novr. 29. 



Nature of Entry. 

Special Service. 
(Inq. Spec. Abd. No. 53.) 



Removing, Decree of. 



1575-6. 
Jany. 10. Head Court. 

Protestation. 



Feby. I. List of Jury on Inquest. 



Parties. 
The Earl of Huntlie. 



John Gordoune of Cluny 
v. Patrick Gordoune of 
Oustishill and others. 



Alexr. Chalmer of Cults 
and Pelt. 



Subject or Res Gestae. 

The Lordship and Barony of 
Huntly, of old called Strath- 
bogy. As also the Lands 
of Tough, Cluny, Aboyne, 
Glentanner, Glenmuik. In 
non-entry since death of 
George Earl of Huntlie in 
October 1562 and of Eliza- 
beth Keyth, Countess Hunt- 
lie in May 1 568. 

Two part Lands of Tullemair 
and also two part lands of 
Skippertye both in the 
Barony of Cluny. So far 
as Patrick Gordoune is 
concerned the Decree gives 
effect to his confession and 
reservation. (Supra, y. 233.) 

List of Absent Barons fined. 

Produces his title-deeds and 
protests that according to 
their terms he is not bound 
to " giff presens and suit ony 
wayis To my lord Shreff of 
Abirdeine or his Deputts for 
the forsaid landis of Cultis 
Pett." He took Act of 
Court and craved "That the 
same may be insert in the 
Shreff Court buikis of 
Abirdeine for perpetuall 
memorie." A charter of 
Henry and Mary dated 24 
Febry. 1565-6 was produced. 



Robert Turing of Fouerne. 
IlenryGordoun of Tulloch. 
James Dempster of Auch- 

terless. 
John Cruikschank of Tulli- 

morgan. 
William Blakhall of Bar- 

raucht. 

Alexr. Fraser of Newforcst. 
Patrick Gray burgess. 
Walter Barclay of Kynar- 

roquhy. 

William Turing of Ardocht. 
William Leslie in Innerov- 

rie. 
William Strauchauchin in 

Tibberty. 

Thomas Leisk of Auchmad. 
John Knoves burgess 
Michael Leslie in Varthill. 
Mr. Andrew Auchinlek 

burgess of Abd. 

235 



Aberdeenshire Sheriff Court : 



Date. 



Nature of Entry. 



Parties. 



Subject or Res Gestae. 



'575-6. 
Fcbry. I. 



Special Service. 



List of Jury on Inquest. 



General Service. 



Wm. Innes nephew of John The Sunny half of the Lands 



Innes of Tulliquhorty. 



The same as the foregoing 
omitting Dempster, 
Ciuikschank and Auc- 
hinlek and adding 
William Udny of that 
ilk William Craufurd of 
Fedderet Andrew Udny 
of Tullery. 

John Gordoune of Glasco- 
forrest brother of George 
Gordoune of Culfork. 



of Tulliquhorty. Old value 
23/4. Present value 7 
merks. Held blench of 
Robert Innes of Inver- 
marky. In nonentry for 
3 years since death of 
Kathurine, Arthur the con- 
junct fiar. 



Delivery of a Discharge, 
Action for. 



Liquidation and Payment, 
Action for. 



Court of Baillies of the Re- 
gality of St. Andrews. 



Wm. Leslie of Wardres v. 
Walter Barclay of Kyn- 
narroquhy. 



Mr. John Kennedy, 1'er- 
soun of Tullincssill v. 
Andrew Buchan of 
Auchmacoy. 



An action for delivery of a 
Discharge for 460 merks 
alleged to have been paid 
as part payment of a larger 
sum contained in a Con- 
tract dated 2 Octr. 1575. 
Defender stated that he 
had been summoned and 
appeared before, when Pur- 
suer did not appear and 
was awarded io/- of ex- 
penses. Defences ordered 
qn " Palmesounday Evin. " 

"The prices of ten bollis 
wictuall sufficient stuff." 
Four witnesses appeared 
and deponed " that the boll 
meill at Martinmes gaiff 
26/8." 

Constituted in terms of Royal 
Commission for the purpose 
of serving Lord Huntlie to 
the Keig and Monymusk 
Lands and to meet the diffi- 
culty, which a former Jury 
had found in there being no 
Archbishop of St. Andrews 
andnoChancellarrie thereof. 
Only Mr. Bissat sat at this 
Court. 



236 



Diet Books: Vol. EL, Contents 



Date. 

IS7S-6. 
Febry. 6. 



Nature of Entry. 
Commission, Royal. 



16. Another sitting of the 

Regality Court. 

17. List of Jury on Inquests. 



Special Service. 



Special Service. 



Parties. 

Gilbert Mengzes of Cowly, 
Mr. George Myddil- 
toune and Mr. Gilbert 
Bissat of Petmukistoune. 



Tames Gordoun of Meyth- 

lik. 

R. Turing of Fouerne. 
John Erskeyn of Balha- 

gartye. 

Patrick Leyth of Harthil!. 
William Cheyne of Arnege. 
John Gordoun of Brume. 
William Craufurd of Fed- 

derett. 

Thomas Fraser of Durris. 
John Ross of Auchlossine. 
John Kennedy of Carmuk. 
William Leyth of Lykli- 

heid. 
George Leyth of Eddin- 

garraucht. 

William Urry of Pitfiqv.liy. 
James Pantoun of Tuili- 

nmd. 

Henry Leyth of Ryhill. 
John Cheyne of Crabistoun. 
Alexander Burnet of 

Cragour. 

The Earl of Huntlie. 



Wm. Craufurd of Fedderet 
grandson of George 
Craufurd of Fedderet. 



Subject or Res Gestae. 

To act as Baillies of the 

Regality of St. Andrews in 
carrying through the service 
of Lord Huntlie. 

On this occasion Mr. George 
Myddiltoun sat and ratified 
the proceedings of 6 Feby. 

Numbering 17. 



237 



Myddiltoun and Bissat sit and 
the service to the Regality 
Lands in Keig and Mony- 
musk &c. &c. is carried 
through. 

Lands of Culsche and also 
Annoquhy in the Barony of 
Fedderet. The Earl of 
Iluntlie presides as Sheriff 
along with Mr. Gilbert 
Bissat who was the ordinary 
Sheriff depute at this time. 
Old value of Culsche 4O/- 
Present value 8. Old 
value of Annoquhy 2O/- 
Present value 4. Held of 
Crown for service of ward 
and relief. The lands of 
Culsche in nonentry for 16 
months since decease of 
Agnes Ogilvy conjunct fiar, 
and Annoquhy lor 3 years 
and II months since death 
of George Craufurd. 



Date. 



Nature of Entry. 



Aberdeenshire Sheriff Court 

Parties. Subject or Res Gestae. 



1576. List of Jury on Inquests. 
April 14. 



Alexr. Btichan of Auch- 

macoy. 
John l.esly of Buchans- 

toun. 

William Urry of Norhame. 
John Ogstoun in Turreff. 
Alexr. Leslie of Crechie. 
Gilbert Burnet in Cask. 
William Burnet in Cragy- 

tochir. 
Robert Gordoun in 

Udaucht. 
Alexr. Abirnethy in Knok- 

leyth. 
Gilbert Jak in Vodheid 

of Udaucht. 

Gilbert Hay in Perkzeok. 
Andrew Schand in Petgair. 
Gilbert Jak in Braidmuir. 
James Innes in Kynin- 

mound. 
Thomas Leisk of Auchmad. 



General Service. John Thomesoune son of 

John Thomesoune of 
Raclocht. 

Service Tutory. Wm. Leslie pupil son of Alexr. Leslie in Meikill Wart- 

Wm. Leslie in P'uilze- hill his Uncle appointed 
month. Tutor. Stephen Leslie 

Cautioner for him. 



May I. Head Court. 



List of Absent Barons fined. 



List of Jury on Inquests. 



Gilbert Menzes of Couly. 

Gilbert Menzes Senior 
burgess 

William Menzes of Fare- 
hill. 

Andrew Menzes burgess. 

William Menzes Senior. 

Alexander Lowsone. 

Mr. Patrick Rutherford. 

James Spenss. 

Robert Malysone. 

John Quhyit in Ardlahill. 

William Cumyng of Inner- 
alloquhy. 

Alexander Eraser in Memsy. 

John Frascr do. 

Gilbert Fraser in Housa- 
hill. 

William Fraser in Faythlie. 

238 



Diet Books: Vol. IE, Contents 



Date. 



Nature of Entry. 



1576. General Service. 
May I. 



General Service. 



2. Removing, Action of 
and Violent profits. 



3. Payment, Action of. 



Parties. 

Katherine Fraser, one of 
the two daughters of 
Thomas Fraser of 
Strequhine. 

Violet Fraser the other 
daughter. 

Alexr. Setoune apparent 
1 of Meldrum v. Wm. 
Abirnethy of Bischopis- 
byrnes and Wm. Gar- 
mak in Bogfechill 
John Wawane there 
George Symesoune there 
and Alexr. Myll there. 



Subject or Res Gestae. 



Alexr. Fraser of Phillorth 
and John Fraser in 
Memsy v. Wm. Cuming 
of Inveralloquhy. 



Payment Teind Sheaves, 
Decree for. 



Mr. Robert Lumisden of 
Clovayth v. Wm. Gib in 
Meikill Drumquhcndill. 



239 



Setoune sued as Assignee of 
Adam Gordoun of Auchin- 
doune, in virtue of an Assig- 
nation dated at Aberdeen 
on 2 July 1573. Adam 
Gordoun's Sasinc dated 21 
Novr. 1560 was also pro- 
duced. This was a strenu- 
ously defended action, the 
competency of the Sheriff 
deputes, who were stated to 
be creatures of Lord Huntlie 
the Sheriff, of whom Auchin- 
doun held his lands, being 
vigorously attacked. The 
pleadings cannot be further 
summarized. Various diets 
were held subsequent to 
this, until on 10 May the case 
was stopped by advocation 
and the Sheriffs depute 
discharged from farther 
proceeding. 

From the narrative it appears 
that Phillorth having 140x5 
merks belonging to Inver- 
allochy in keeping, had 
directly and indirectly paid 
to him or on his account a 
considerably larger sum. 
This Decree is for the 
balance over paid. The 
1400 merks had been paid 
on behalf of Phillorth by 
" Maister Paull Fraser, 
Chantour of Breqtihine." 

The Teind Sheaves of four 
oxingang of Meikill Drum- 
quhendill vizt : 
Crop 1572, 4 bollis I firlot 

meal = g. 
Crop i574-Do.-at 5 merks 

p. boll. 
Crop t575-Do.-at 32/- per 

boll. 



Aberdeenshire Sheriff Court: 



Date. 



Nature of Entry. 



Parties. 



Subject or Res Gestae. 



1576. Cognition, Actions of. 
June 9. (Supra 31 Octr. 1575.) 



Innescs ;. Mengzes et e 
contra. 



These actions were on the roll 
on this day, when in Gilbert 
Mengzes action there were 
produced for him 

1 I ) Feu Charter by the last 
and present Earls of 
Huntlie (the latter at that 
date Lord Gordoun) dated 
at Stirling 15 April 1555. 

(2) Charter by the Abbot 
and Convent of Abirbro- 
thok dated 20 July 1564. 

(3) Instrument of Possession 
16 May 1555. 

These titles were challenged 
(First) Because of the Es- 
cheat of the Earls of Huntlie 
and (Second) Because no 
Infeftment had followed 
upon the Abirbrothok 
Charter. 



Violent Profits, Action of. 



Wm. Auchinlek of Sclie- 
thine v. Jonet Mowat 
widow of Thomas Coup- 
land. 



This was the natural sequel to 
the Action and Decree of 
Removing already referred 
(Supra p. 225). 



Spuilzie, Action of. 



List of Jury on Inquests. 



The same v. The same. 



Another sequel to the former 
proceedings. The Defen- 
der is charged with having 
taken 32 bolls of oats with 
the fodder worth 4O/- p. boll. 



Mr. Robert Lumsden of 

Clowayth. 
Mr. George Johnnestoun 

of Isakstoun. 
Alexr. Mengzes burgess. 
Martin Ilowesoun do. 
Patrick Gray do. 

Alexr. Howesoun do. 
Andrew Hunter do. 
Robert Malisoun. 
Alexr. Cullan burgess. 
Alexr. Lousoun do. 
William Jakis do. 
William Mar do. 
Alexr, Hay do. 

Patrick Malysoun do. 
Andrew Brabner do. 



General Service. 



Wm. Leslie son of Win. 
Leslie of Fuilzemonth. 



( Vide supra 
p. 238.) 



14 April 1576 



240 



Diet Books: Vol. EL, Contents 



Date. 

1576. 
June 9. 



Nature of Entry. 
Special Service. 



Parties. 

Gilbert Gray grandson of 
Isabella I'rat. 



Subject or Res Gestae. 

Half of an annual rent of 5 
merks payable from the 
Lands of Udny. Nine 
months in non-entry. 



Letter of Removing and 
Agreement. 



David Haliburtoun v. 
Oliver Bissat and George 
Murray in Garrie. 



Records a bargain between the 
parties relating to 8 oxin- 
gang of the Middle plough 
of Garrie in the Barony of 
Drumblait. 



21. Removing, Decree of. 



Patrick Coupland of 
Udaucht v. Jonct 
Mowat widow of Thos. 
Coupland and others. 



The Houses and Fortalices of 
Udaucht as also the Ail- 
house and Ailhouse Croft of 
the same. Sasine dated 3 
Novr. 1575. From the 
above it appears that the 
widow was still stubbornly 
keeping possession of the 
subjects. 



Special Court of The 
Sheriffdom of Aber- 
deen and Regality of 
St. Andrews. 



The Court constituted. 



Do. 



A Royal Commission pre- 
sented in favor of Gilbert 
Mengzes of Cowlie and 
Messrs. Geo. Middleton and 
Gilbert Bissat, which was 
granted to obviate the diffi- 
culty which Lord Huntlie 
or his deputes had in trying 
causes of Removing against 
the Huntlie tenants from 
the Regality lands. 



Removing, Decree of. 



Geo. Gordoun of Lesmoir 
v. Tenants of Wrang- 
hame. 



HH 



2 4 I 



The Title deeds produced by 
Lesmoir were 

(1) Charter of the Lands of 
Wranghame and Newtoun 
of Culsalmond,Walk Miln 
and Corne Miln granted 
by Henry Kempty alias 
Duvy dated 23 April 1562 

(2) Sasine dated 29 April 
1562. 



Aberdeenshire Sheriff Court : 



Date. Nature of Entry. 



Parties. 



Subject or Res Gestae. 



1576. Removing, Decree of. 
June 22. 



Patrik Mowat of Boqu- 
holly z'. Tenants. 



A number of holdings are 
mentioned. The Pursuer's 
Sasine was dated 7 Novr. 
1564. Notary Mr. Andrew 
Leslie, Sheriff Clerk. 



23. Removing, Decree of. 



William Strauchauchine 
of Glenkyndy v. Alexr. 
Williamsoune. 



The defender is designed 
"pikeman of the Miln of 
Auchnagat and uptaker of 
the multur and knaifschipe 
of the tounes and lands of 
the Miltoun of Auchnagat, 
Intoun of Auchnagat, Den- 
moir, Cukishill, Barrak with 
the landis of Sauak " belon- 
ging to the Pursuer, in the 
Barony of Kelly. Sasine 
dated 20 Feby. 1566. 



25. Removing, Action of. 



John Leslie in Kyntor z>. 
Robt. Makky and others. 



Certain ruids of land in 
Kintore. Competing titles. 
(Vide Supra 12 April 1575 
P- 219.) 



Removing, Decree of. 



Alexr. Keyth of Glac- 
reaucht v. Andrew 
Harthill and Leonard 
Thome in Wester Fin- 
tray. 



Each defender occupied one 
half of 8 oxingang of land 
in Wester Fintray belonging 
to the Pursuer in liferent. 
Sasine dated 20 and 23 
Deer. 1562. 



Removing, Action of. 



Madame Elizabeth Gor- The towns and lands of 



doune Lady Geycht v. 
George Gordoun of 
Scheves and others. 



'Carnoreis, Mekill Ar- 
doch, Mill, Millandis and 
Multuris " thereof. Sasine 
dated 6 Deer. 1566. Notary 
the late Mr. Andrew Leslie, 
Sheriff Clerk. Continued 
to 9 July "in hoip of dress 
and concord." 



26. Removing, Decree of. 



John Gordoune of Carne- 
fechill v. Wm. Charlis 
and Alex. Foulartoune. 



Town and lands of the Mill of 
Carnefechill, within the 
Regality of Abirbrothok 
and Parish of Tarves. 
Sasine dated 20 Augt. 1571. 



242 



Diet Books: Vol. DL, Contents 



Date. Nature of Entry. 

1576. Removing, Decree of. 
June 26. 



Parties. 

George Bard of Auchmed- 
den v. Wm. Broune and 
George Broune. 



Removing, Action oi. 



George Bard of Auch- 
medden v. John Quhyit, 
Barbour in 1'ettulie, 
John Ramsay in Abir- 
dour and Symound 
Quhyil. 



27. Same case. 



Same parties. 



243 



Subject or Res Gcstae. 

William Brown's holding is 
thus described "The haill 
sonne third of the toun and 
landis of Petmonie with ane 
third of the corvall quhyit 
fisching boit and corvell boit 
tharofT." George Brown 
is designed as "occupear 
and lauborar of the haill 
schado tua paiit land of the 
toun of Pennan with the 
tua pairt of the corvall 
and baittis tharoff." These 
subjects were stated to be 
situated in the Barony of 
Borthuik by annexation. 
There were produced (i) 
Feu Charter of the Lands 
and Barony, of Abirdour 
signed by Wm. Borthuik of 
Abirdour at St. Andrews on 
31 Jany. 1568 and (2) Sasine 
dated 1 8 March same year. 

John Quhyit claimed to be 
tenant of "the sonne third 
of the toun and landis of the 
Mains of Abirdour with the 
third of the quhyit fische 
boit of the same and heavin 
of the privilegis perteining 
thairto. Symound Quhyit 
was his son and subtenant. 
Ramsay occupied the "haill 
toun and landis of Kille- 
quharne." The Pursuer 
founded upon his Titles 
(vide preceding entry) and 
for John and Symon White 
was produced a lease by 
Wm. Borthuik dated 23 
Augt. 1571 for 5 years from 
Whitsunday 1572. After 
some pleading in which 
Ramsay's name does not 
appear, the Sheriff depute 
" tuik to be aduysit with the 
allegeance and to pronunce 
his interloquitour the morn." 

After very lengthy pleadings 
depending upon titles and 
possession following upon 
them, the Sheriff depute 
decides in favor of the Pur- 
suer and by a separate entry 
on the same day formal 
Decree of Removing is pro- 
nounced against the Whites 
and Ramsay. 



Aberdeenshire Sheriff Court : 



Date. 

IS76. 
June 28. 



Nature of Entry. 
Removing, Decree of. 



29. Removing, Action of. 



Parties. 

James Dempster of Auch- 
terles v. James Cheyne, 
Patrick Barclay, James 
Lamb and Maly alias 
Marzeoun Tevindaill. 

George Bard of Auchmed- 
den v. John Quhyit in 
Ardlahilland Constantyn 
Ramsay his subtenant. 



Subject or Res Gestae. 

Parts of Ordley, Bakehill and 
Logyaltoun in the Barony 
of Auchterles-Dempster. 



Removing, Decree of. 



July 2. Removing, Decree of. 



Court of the Sheriffdom 
of Inverness. 



Royal Letters of Dispen- 
sation for holding above 
Court at Aberdeen. 



Commission by Lord 
Huntlie as Sheriff of 
Inverness. 



The Brieff or 
directing the 
to proceed. 



Letter 
Service 



The principal Defender appears 
to be identical with John 
Quhyit, barber in Pellulie, 
one of Ihe Defenders in Ihe 
previous case. In this action 
he offers lo improve, i.e. 
disprove, the validity of the 
Pursuer's lilies and calls for 
produclion of official copies. 

Dempster v. Barclay Lamb This seems to be a slighlly 
and Tevindaill. allered repelilion of Ihe 

Decree on Ihe previous day 
omitting Cheyne. 

James Innes of Touchis v. Auld miln land of Pelfour, 

Tenanls of Petfour and Third part of Legal, A 

Legal. plough of Petfour, parts of 

the Barony of Touchis by 

annexation. Sasine daled 

3 July 1541. 

Constituted for the Service of 
John Leslie of Balquhane as 
heir to certain subjects 
situated in the County of 
Inverness. 

These are engrossed fully and 
besides fixing place and date, 
authorize the Jury chosen to 
ignore any allegations thai 
Wm. Leslie was, when he 
died, at the Horn or similar 
allegations against John 
Leslie. 

Also fully engrossed. The 
special deputes were Gilbert 
Mengzes of Cowlie, Marlyn 
Howesoun, David Gunnar 
and Palrick Malysoun, bur- 
gesses of Aberdeen or any 
two of them. 

This is narrated, the descrip- 
tion of the Subjects being 
given and three Instruments 
of Sasine all dated 1 6 Octr. 
1567 being produced, along 
with a Confirmalion under 
the Greal Seal daled 29 
Novr. 1567. 

244 



Diet Books: Vol. DL, Contents 



Date. 



Nature of Entry. 



Parties. 



1576. The Petition for Service. John Leslie of Balquhane. 
July 7- 



Appearance for Alexander, William Fergusone his 
Bischope of Ross. procurator. 

Procuratory by The Bishop. 

Objections on behalf of 
the Bishop and Answers. 



Appearance for Jas. 
Hepburn. 



Procuratory. 



List of Jury on Inquest. 



Wm. Fergusone his procu- 
rator. 



William Setoun of Mel- 

drume. 

William Udny of that ilk. 
James Elphinstoun of Glak. 
Patrick Leyth of Harthill. 
James Gordoun of Tullian- 

gous. 
Alexr. Gordoun of Knoke- 

spok. 

William Leyth of Barnis. 
Alexr. Forbes of Thain- 

stoune. 

Alexr. Leslie of Petcapill. 
John Setoun of Auchinhuif. 
Stephen Leslie of Warthill. 
Mr. William Annand of 

Petgovny. 

James Kyng of Barraucht. 
James Pantoun of Tulli- 

mad. 
Walter Barclay of Kynar- 

roquhy. 

Gilbert Udny in Auchloun. 
William Leslie in Innerov- 

rie. 

Alexander Lousoun burgess 
William Mengzes do. 
Andrew Udny of Tullery. 
Richard Udny in Mynnes. 

245 



Subject or Res Gestae. 

This is engrossed in full. It 
begins "My Lordis of In- 
quest I Johnne Leslie off 
Balquhane desyris" &c. 

Desire to be allowed to appear 
for the Bishop's interest. 

Engrossed in full. 

The objections were at this 
stage of a dilatory or pre- 
liminary nature and were 
repelled and a Jury of 21 
sworn in. 

Hepburn is designed "Con- 
stabill of the Bischopis 
Palice in the Channonrie of 
Ross and feuar" of the lands 
&c embraced in Balquhane's 
Petition and Brieff. 

Hepburn's procuratory to Fer- 
gusone dated at the Chanry 
of Ross 4 July 1576 is 
engrossed in full. It was 
ruled out of Court because 
it authorised him to appear 
only before the Sheriff of 
Aberdeen and not the Sheriff 
of Inverness. 

Numbering 21. 



Aberdeenshire Sheriff Court: 



Date. 



Nature of Entry. 



Parties. 



Subject or Res Gestae. 



1576. Special Service. 
July 7- 



John Leslie of Balquhane 



son of Wm. 
Balquhane. 



Leslie of 



Kirklands of Culliquidnye, 
Fames, Westir Culvoill, 
Wodheid. Lands of Bal- 
mungie, Miln of Rosmarky, 
Lands of Killeirnan Kirk- 
lands of Eister Radrie, 
Westir Radrie, Rosmarkie. 
Lands of Cannonie vulgo 
callit the Channonrie land 
with the Bischopis sched and 
salmound fisching of the 
Ness. Kirklands of Lerny, 
Miln of Avak. Lands of 
Craigheid, Lands of Kin- 
beachie, Lands of Contan 
Lands of Lyaldy, Lands of 
Kirskey Lands of Insche 
with the bushes and wood 
adjacent thereto, the Broy- 
niehill, together with the 
heritable Constabulary of 
the Palace of the Bishoprick 
of Ross with houses yards 
&ca. Also an annualrent 
of .100 Scots and six chal- 
ders of victual of the farms 
and profits of the Bishoprick. 



Protestation and Cross 
Protestation. 



Wm. Fergusone procurator For Hepburn the protest is 



for Hepburn and by the 
Sheriffs. 



against the decision rejec- 
ting Ferguson's procurator)'. 
The Sheriffs state a protest 
in the contrary, because 
Ferguson has no locus standi. 



Protestation. 



The Jury. 



The "haill Asyiss" protest 
in the same sense as the 
Sheriffs. 



9. Removing, Action of. 



Bard v . Quhyit. 



246 



This was the diet fixed for 
the defender's improbation 
of the Pursuer's title : but on 
the case being called Letters 
of Advocation were pro- 
duced. These, containing 
the reasons of Advocation, 
are inserted at length. 
Among other things Quhyit 
and his predecessors are said 
to have been kindly posses- 
sors of the subjects for 1000 
years. 



Diet Books: Vol. DL, Contents 



Date. 



Nature of Entry. 



Parties. 



Subject or Res Gestae. 



1576. Removing, Decree of. 
July 9- 



Removing, Decree of. 



Meriore Maitland widow " Schado third pairt landis of 



of Alexr. Craufurd in 

Mekill Bomakellie v. 

John Sangster and his 
sub-tenant. 



Madame Elet Gordoune, 
Lady Geycht v. George 
Gordoun of Schewes and 
others. 



Mekill Bomakellie" in the 
Barony of Fedderet. The 
Pursuer's title was a 19 year's 
lease from Alexr. Irving of 
Drume dated 12 May 1575. 

Continued from 25th June. 
Lands of Carnoreis, M'eikill 
Ardo &c. &c. Decree passed 
at this Court, the Defenders 
having failed to find caution 
for the Violent profits, in 
terms of the Act of Parlia- 
ment. 



Removing, Decree of. 



Elet. Forbes and Thos. 
Mengzes of Petfoddelis 
her present husband v. 
Nicoll Elleis. 



Mill, Mill lands &c. of Pettin- 
drum belonging to the lady 
in liferent in the Barony of 
Auden. 



Removing, Decree of. 



Alexr. Setoun Apparent of 
Meldrum v. Bessy Stot 
widow of John Strau- 
chauchin. 



" Tua oxingang of the toune 
and landis off Ardconan " in 
the Barony of Meldrum. 



Removing, Decree of. 



Andrew Knox of that Ilk Parts of the Lands of New 
v. Christan and James Knok in the Barony of 
Banerman. Auden. Sasine dated 23 

May 1569. 



Removing, Decree of. 



Williame Urry of Petfiquhy ' ' Four oxingang of the Westir 
v. Patrick Robertsoune. pleucht of the toun and 
landis of Nethir Baquhor- 
sky" situated in "the Laird- 
schipe off Petfiquhie and 
Regalitie of Sanct Andro- 



Violent Profits Liquida- 
tion, Action of. 



Sir John Carnegy of Kyn- 
nard v. Alexr. Waus of 
Ruthvenis. 



This case appears again after 
having been advocated to 
the Court of Session. The 
Defender is summoned to 
hear and see the action 
" Walkin and begyn quhair 
it left." The Decree of the 
Lords of Session remitting 
the case was dated 15 May 
1576 and was signed by Mr. 
James Makgill " Clark of 
the Register." Defences 
lodged and witnesses ex- 
amined. 



247 



Aberdeenshire Sheriff Court: 



Date. 

1576. 
July 14. 



Nature of Entry. 
Removing, Decree of. 



Parties. 

Thomas Meldrum Por- 
tioner of Haddoch v. 
John Meldrum at Miln 
of Petty and another. 



Subject or Res Gestae. 

Parts of the town and lands of 
Petty in the Parish of Fyvie. 
The Pursuer's title was a 
lease granted by "Dame 
Jeane Gordoun Lady Fywie" 
dated 28 Octr. 1569. 



Removing, Decree of. 
(Special Court for Lord 
Hunttys cases.) 



George Earl of Huntlie v. 
David Casche and others. 



Part of the Lands of Davids- 
toune and Annettis Well in 
the Lordship of Huntly. 
Sasine dated 2 March 1575. 



Removing, Action of. 
(Special Court for Lord 
Hunttys cases.) 



The Earl of Huntlie v. 
Jonet Forbes widow of 
Wm. Forbes of Corsinda 
and wife of Wm. Forbes 
of Fotherbirss, Mr. 
Duncan Forbes of Mony- 
musk and a number of 
others. 



Lands in the Lordship of 
Monymusk and Regalitie 
of St. Andrews. The Earl 
appeared personally and 
produced his precept of 
warning dated at Bog of 
Geycht on 21 April preced- 
ing, and also his Sasine, of 
which however the date is 
not given. Letters of Ad- 
vocation to the Court of 
Session were promptly pro- 
duced for the defence, based 
upon the narrative of the 
well known exemption of 
the Forbes family, their 
friends and allies from the 
jurisdiction of the Sheriff of 
Aberdeen and his deputes. 



21. Removing, Decree of. 



Geo. Gordoun of Cre- 
chie his curator v. 
Andrew Robertsoun. 



Wm. Keyth of Ludqu- "Tua pairt of the toun and 
harne with consent of landis of Litill Cokla," in 
the Barony of Balmuir. 
This case was defended, 
one of the defences being 
directed against the instance. 
It was pleaded that "George 
Gordoun of Crechie hes no 
place nor persoun to stand 
in jugement to persew this 
actioun nor yet gif his con- 
sent to persew the same in 
respect he is denuncit our 
soueran lords rebell and put 
to his Grace home." The 
pursuer Keyth being now 
of age, Gordon's name was 
taken out of the case. 



248 



Diet Books: Vol. EL, Contents 

Date. Nature of Entry. Parties. 



Subject or Res Gestae. 



1576. 
July 21. 



Removing, Decree of. 



David Innes of Schanievell The lands of Nethir Auch- 

v. Andrew Reidfuyrd beggis in the Dominioun 

and others. of Huntlie and Barony of 

Invermarky. Sasine dated 

18 March 1574 apparently 

proceeding upon a lease. 



Removing, Decree of. 



Andrew Leslie Burgess of 
Abd. v. Wm. Blak and 
Ingrame Blak. 



From the shadow and sunny 
four oxingangs of the shaw- 
dow plough third part lands 
of Harlaw. Sasine dated 
5 August 1573. 



Removing, Decree of. 



New Mylne of Wais- 
toune. 



Robt. Irving of Murthill " Four pairt of the said Miln, 
v. John Andersoune in millandis, multures, knaif- 
schipe houssis biggingis " 
&c. in the parish of Tarlen. 
Pursuer's title was a lease 
dated 24 Febry. 1559, 
granted by Margaret Ogiluy 
widow of Alexr. Gordoune 
of Cluny and Mr. Wm. 
Gordoune of Terpersie then 
her husband, of the Eist 
quarter of the lands of 
Westoune. 



Removing, Decree of. 



Robt. Irving of Murthill 
v. Tenants of Fedderot. 



In this case all the defenders 
produced leases and stated 
their willingness to pay the 
rents therein specified, upon 
which they were absolved 
from the charge of wrongous 
or violent occupation : but 
ordained to pay to the Pur- 
suer the rents in their leases. 



26. Removing, Decree of. 



II 



Mr. Thomas Steuart in 
Auld Abirdeine por- 
tioner of Mameula v. 
Andrew Watsoune and 
Wm. Porter. 



249 



Watsoune was ordered to 
remove from "tua oxingang 
of the toun and landis of 
Haltoune of Fintray" and 
Porter from "ane croft Hand 
at the Stok Fuyrd, in the 
Lordschipe of the Bischop- 
rik of Abirdeine." Sasine 
dated 4 July 1556. 



Aberdeenshire Sheriff Court : 



Date. 

1576. 
July 31. 



Nature of Entry. 
List of Jury on Inquest. 



General Service. 
Removing, Decree of. 
Removing, Decree of. 



Parties. 

William Cuming of Enne- 

ralloquhy. 
Alexander Keyth of Car- 

nes. 
John Meldrum at Mill of 

Tullielt. 
Patrick Meldrum in Auch- 

quhortye. 
Andrew Burnet in Kynin- 

mound. 

Andrew Keyth in Ravins- 
crag. 
Thomas Cok in Mekill 

Cokclay. 
Michael Hunter in Scot- 

tismiln. 

John Fraser in Memsy. 
William Hay in Cremond- 

Nethir. 
Jasper Movat in Over- 

Cremondgortht. 
William Fraser in Perk of 

Cremondgortht. 
Adam Dauidsoun at Mill 

of Mogat. 
James Craik in Blairmor- 

mound. 
Henry Myddiltoun in 

Dennis. 
William Fraser Senior in 

Cokclay. 
William Fraser in Clubbi- 

scorss. 

James Bruce in Buchlay. 
Thomas Robertsoun in 

Cokclay. 
John Dauidsoun in Neu- 

burght. 

Mr. John Robertsoun bur- 
gess of Abirden. 

James Keyth grandnephew 
of Thomas Cuming in 
Hyrne. 

Win. Hay of Delgaty v. 
Gilbert Catto. 



Subject or Res Gestae. 
Numbering 21. 



Wm. Cuming of Inveral- 
loquhy v. Katherein 
Kandy alias Abirnethie 
and John Cruden. 



250 



Four oxingang of the " Sonne 
pleucht of Kynminity." 
Sasine dated 2 April itf6. 

Shadow half lands of Arma- 
bedy, I louse and Croft in the 
Mains of Inverallochy "in 
the Hill of Faulds and Eist 
syid tharoff." Another croft 
in the Mains, in the fauld 
"callit Andro fauld." 
Barony of Lonmay. Sasine 
dated 20 Febry. 1572. 



Diet Books: Vol. EL, Contents 



Date. 



Nature of Entry. 



1576. Removing, Decree of. 
July 31. 



Cognition Decree 
Absolvitor. 



Cognition, Decree of. 



Augt. 31. List of Jury on Inquest. 



Parties. 

Alexr. Irving of Drum v. 
Patrick Tarves. 



Robt. Innesof Invermarkie 
with consent of Merzoun 
Ogilvie his mother. 
Alexr. Innes of Ard- 
grayn and Girsall Auc- 
hinlek his wife 11. Mr. 
Robert Chalmer Burgess 
of Abd. and others. 



Mr. Robt. Chalmer bur- 
gess of Abd. Jonet Keith 
his wife and Andrew 
Bane portioner of Title - 
grig v. Alexr. Innes of 
Ardgrayne heritable 
feuar of Wodland and 
others the tenants. 



Robert Turing of Fovern. 
Alexander Setoun appa- 
rent of Meldrum. 
William Cheyn of Arnage. 
Alexander Annand of 

Ouchterellon. 
John Setoun of Auchin- 

huiff. 
George Meldrum of Ard- 

fork. 
William Meldrum of Kil- 

blene. 
Patrick Meldrum of Auqu- 

hortie. 
Mr. Robert Lumsden of 

Clowayth. 
Thomas Tulideff in Bal- 

madie. 

Gilbert Reid of Collistoun. 
Richard Udnie in Mynnes. 
Gilbert Udnie in Auch- 

loun. 

Andrew Udnie in Tillery. 
George Chalmer in Brak- 

lay. 

25 1 



Subject or Res Cestae. 

" Schado four oxingang of the 
Schado pleucht of the landis 
of Corskellie " in the Barony 
of Lonmay. Sasine dated 
15 May 1553. 

The first appearance in this 
volume of the litigation, of 
which this and the Decree 
immediately following mark 
the termination, was in 
April 1574. The dispute 
was about the boundaries of 
Wodland in the Barony of 
Monycabok. The Inneses 
were found to be wrong 
and Chalmer right. 26/8 
of modified expenses to the 
defenders does not seem an 
excessive award. 

In this case Mr. Chalmer and 
his colleagues succeeded 
in establishing their case 
against the Defenders for 
molesting and troubling 
them in their peaceful 
possession of their lands 
and got Decree accordingly 
with expenses modified to 
^4-6.8. 



Aberdeenshire Sheriff Court: 



Dale. 

IS76. 
Augt. 31. 



Nature of Entry. 
Special Service. 



Parties. 

John Straquhin son of Wm. 
Straquhin, Younger of 
Tibbertie the lesser. 



Dispensation for holding 
above Court in vacation. 



Octr. 2. Head Court. 



List of Jury on Inquests. 



Special Service. 



Special Service. 



Gilbert MengzesofCowlie. 
Gilbert Mengzes Senior. 
William Mengzes Senior. 
William Mengzes of Fari- 

hill. 

Andrew Mengzes. 
Gilbert Collisoun. 
Alexander Lousoun. 
Dauid Andeaucht. 
James Spens. 
Robert Malisoun. 
Gilbert Fraser in Housa- 

hill. 

William Fraser in Faithlie. 
Robert Patersoun. 
George Wobster burgess. 
William Cuming of Inne- 

ralloquhie. 

John Quhite in Ardlahill. 
Alexr. Fraser in Memsy. 
William Fraser there. 
James Chalmer at Mill of 

Strequhin. 

Symon Quhite in Abirdour. 
Archibald Ramsay inTyrie. 

James Fraser brother of 
Margt. Fraser. 



James Collie son of 
Patrick Collie. 



252 



Subject or Res Gestae. 

Lands of Tibbertie the lesser, 
and Mill thereof. Lands 
of Ardlethin-Scott, in the 
Barony of Slains. Both 
held of the Earl of Erroll, 
the former in feu farm, the 
latter blench. In non entry 
two months and eight days. 
Old value of Ardlethen 5o/-. 
Present value .10. 

The first time in which such a 
Dispensation is found en- 
grossed in full. 

List of Absent Barons fined. 
Numbering 21. 



Third part town and lands of 
Eister Tyrie in the Parish 
of Tyrie. Old value 26/-. 
Present value .4. Held 
blench of Phillorth. In non 
entry a month. 

The Croft called Dira Croft in 
the Parish of Lumphanan, 
held blench of John Char- 
teris of Kynfauns. Old 
value 3/-. Present value 8/-. 
In non entry three years. 



Diet Books: Vol. ffl., Contents 



Date. 

1576. 
Octr. 2. 



Nature of Entry. 
Protestation. 



Removing, Action of. 



Nature of Action not 
disclosed. 



Parties. 

Patrick Cheyne of Essil- 
mounth in name of John 
Chartouris of Kinfawnis. 



Subject or Res Gestae. 

Protests against Collie's ser- 
vice in respect Charteris is 
heritably infeft in the sub- 
jects of service. 



Alexr. Leslie in Warthill Defences lodged. Pursuer to 
Tutor at law to Wm. lodge answers on Allhallow 
Leslie v. Wm. Gor- evin. 
doune of Auchindoir 
and others. 



Alexr. Forsyth v. John 
Myll in Strocharie. 



Removing, Action of. Wm. Leslie of Wardes v. 

(Decree agt one defender.) Tenants of Taveltie. 



Pursuer renounces further 
probation and protests for 
Decree. 

Parts of the Lands of Tavel- 
tie in the Thanedome of 
Kintore. Sasine produced 
dated 4 August 1557. 
Certain defenders produced 
leases by James Keyth of 
Auchorsk and found caution 
while one was ordained to 



Spuilzie, Action of. 
Spuilzie, Action of. 
Removing, Action of. 
Cognition, Action of. 



Nature of Action not 
disclosed. 



Eviction, Action of. 



Cognition, Action of. 



James Cheyn in Mounkis- 
hill v. David Chevant in 
Creichnalaid. 

Wm. Auchinlek of Sche- 
thin v. Jonat Mowat. 



Meriorie Leslie and Wm. 
Ogstoun her husband v . 
David Lamb. 

Alexr. Irving of Ordley v. 
John Lyoun of Comma- 
legie. 

Wm. Leslie of Wardes v. 
Walter Barclay of Kyn- 
naroquhie. 

Alexr. Buchan of Auchma- 
coy v. Mr. Oliver Pan- 
toun burgess of Abd. 



Defences lodged and case con- 
tinued to All hallowevin. 



Diet of proof. Pursuer re- 
nounces probation and 
moves for Decree. 

Continued in hope of concord 
to Allhallowevin. 



Continued to Allhallowevin. 



Sheriff depute repels the excep- 
tions and eiks for Barclay 
and allows Leslie a proof. 

Judicial submission of the dis- 
pute entered into in open 
Court on oath. Lord 
Huntly being " odman and 
ourman." 



Setoun of Meldrum and Both actions continued of con- 
another v. Cheyne of sent to Allhallowevin. 
Crabistoun and his 
tenants et e contra. 



2 S3 



Diet Books: Vol. EQ., Contents 



Date. 

1576. 
Octr. 3. 



Nature of Entry. 



Parties. 



Payment of Kent, Action DavidJakinWestirCheyne 
for. v. Thos. Smyth in Rora. 



Subject or Res Gestae. 

^110 "of the maillis of the 
Baronie of Fetarresso for 
certane yeiris." Defences 
lodged. 



Damages, Action of. 



Geo. Meldrum son and 
apparent heir of the late 
Wm. Meldrum of Fyvie 
his father v. Dame Jeane 
Gordoun Lady of Fyvie 
his grandmother. 



1 For the latting of the Tour, 
fortalice and maneir plaice 
of Fyvie woddis thairof and 
uthers office houssisfall doun 
decay ruyne and the said 
wods cuttit and destroyit." 
Case continued to "Wilson- 
day Evin nix to cum in hoip 
of freindlie dress and con- 
cord." 



Transumpt of Sasine. 



George Bard of Auchmed- 
den. 



Violent Profits, Action of. George Bard of Auchmed- 
den v. Symound Quhite, 
John Quhite, barber, his 
father and John Quhite 
in Ardlahill. 



Lands of Abirdour dated 1 8 
March 1568. 

Preliminary defences disposed 
of and proof allowed to 
Pursuer on Allhallowevin. 



9. Violent Prulits, Decree of. Auchinlek v. Mownt. 



Spuilzie, Decree of. 



The same v. The same. 



1648-9. 

Jany. 3. Extract or copy of Royal Queen Mary and James 
Letters for Taxation of Earl of Arran Protector 
County. and Governor of Scot- 

land. 



Sitting of Court and John Leslie of Balquhane 
Inquest for Taxation. Sheriff depute. 

Valuation of County. 
(Ant.A.&B. II. 113.) 



Following upon Decree of 
Removing. Very complete 
example of this kind of 
Decree. 
(vide supra 30 July 1575.) 

30 bolls of oats with the fodder. 
Price p. boll sued for 4O/-. 
Price do. decerned for zo/-. 

On the narrative that "our 
auld enemies of Ingland 
intendis the Spring of this 
yeir To invad our Realme 
with all thair force and 
power. " 

Thirty three Barons sat on the 
Inquest. 



254 



Illustrative Examples taken from Diet Book, Vol. HI. 

Action of Spuilzie 

[The following is excerpted from Decree at the instance of Henrie Duf in 
Auchinclocht 1 against Alexander Many there] 

(2 March 1573-4) 

That quhair the said Alexander wrangouslie wiolentlie and maister- 
fully spuilzeit avay tuik detenit and as yit withthalds fra the said Henrie 
of tua pleucht draving oxin ane thairof blak quhyit hornit and the uthir 
blak gray hornit price of ilk peice ten poundis usuall money of this realme 
Togidder witht thair excressens daylie and yeirlie profeittis thairof 
undirvritine sen the spoliatioun of the samen wrangouslie wiolentlie and 
maisterfully spuilzeit be the said Alexr himself in propir persoun and 

uthiris in his name fra the said Henrie ane nycht imme- 

diatlie preceiding Barthol evin quhilk wes in the monetht of August or 
thairby the yeir of God j m v c fiftie sex yeiris furtht of the boggis at the 
Walkmiln of Beltye The said Henrie beand passand thair with the 

saidis tua oxin to Barthol mercat to haue sauld the samen thar 

and als in the wrangous wiolent and maisterfull detening and withthalding 
fra the said Henry of the yeirlie commoditie and profeittis quhilkis he 
mycht haue haid of the saidis tua oxin sen the spoliatioun thairof to the 
space of sevintene yeiris or thairby last bipast and yeirlie in tyme cuming 
quhill the restitutioun of the samen The profeit of ilk peice in wark and 
laubour extending yeirlie to three bollis of wictuell price of ilk boll yeirlie 
ourheid fourty sh monie forsaid and ilk peice in guiding and tatht 2 
yeirlie to vi sh viij d quhilkis oxin of the price and walour forsaid ves 
wortht na less profeit and commoditie yeirlie in vyark laubour and tatht or 
at the leist wald haue beine of na les excressens and yeirlie profeittis as 

said is in vark laubour tatht and guiding The Shref deput 

fand deccrnit and pronuncit that the said Alexander Many 

did wrang and thairfoir decernit and ordinit the said 

Alexander Many to refound randir and.restoir to the said Henrie Duf 
and his possessioune the saidis tua oxin als guid as thai wer the tyme of 
the spoliatioune thairof or than the sovme of twentie merkis monie forsaid 

1. Probably Auchinclcch in the Parish of Skene, vide Exch. Rolls. 

2. The manuring of the ground by the grazing or lying out upon them of cattle, originally \ 
applied to black cattle. 

2 SS 



Aberdeenshire Sheriff Court : 

Togidder witht sex firlottis meill for the profeittis of ilk ane of the samen 
in wark laubour and hyirgang yeirlie and ilk yeir sen the tyme of the 
spoliatioune thairof aboune mentionat or than the pricis of the said 
wictuell yeirlie according to the feiris of the yeir &c. &c. &c. 



Action of Wrongoos Intromission 

(i February 1573-4) 

THE said day in the actioune and caus movit and persevit be Robert 
Cultis of Ouchtercoull aganis George Gordoun of Lesmoir for the 
vrangous intrometting detening and withthalding fra the said Robert of 
ane meir of gray cullour of three yeiris of eild or thairby price and valour 
thairof xx merkis usuall money of Scotland than pertening to the said 
Robert and being in his possessioune as his propir geir being markit 
with his avin propir irne mark within the Forrest of Corgarf Hand within 
the lordschipe of Kyldrymmy and Schirrefdome of Abirdein lik as in 
my lord Schirreffis precept at leyntht is contenit Compeirit the said 
Robert persevar and producit the said precept deulie execut and indorsat 
to this day and desyrit proces and the Schirreffis depuittis 1 at the desyr 
of Andrew King procuratour for the defender assignit the secund day of 
Merche nixtocum to the said defender to produce all his defenssis 
dilatouris and peremptouris in writ in presens of Paipe and King 
procuratouris for the parteis warnit thairto apud acta curie on the 
quhilkis thai tuik act of Court and instrument 

(2 March 1573-4) 
THE said day in the terme assignit to George Gordoun of Lesmoir to 

produce all his defenssis Compeirit James Gordoun of 

Ouchterarne and Mr Johnne Kennedy procuratouris for the said George 
and denyit the libell as it is intentit protestand gif the same beis nocht 
provin as is libellit for absoluitour And in respect thairof the Schirref 
deput admittit the said libell to the probatioun of the persewar and 
assignit Palmesounday evin nixt to the persewar to preif for the first in 
presens of the said procuratouris for the defenderis and Paipe procuratour 
for the persevar warnit apud acta curie 

(3 April 1574) 
THE said day in the terme assignit to Robert Cultis of Ouchtercoull to 

preif his libell for the first Compeirit the said Robert and 

Alexander Paipe his procuratour and producit my Lord Schirreffis 
precept deulie execut and indorsat on James Makinbraber Thomas 

I. At this court Mr. Gilbert Bissat and Allan Bulfurd (Balfour). 
256 



Diet Books: Vol. HI., Wrongous Intromission 

Mackirdy and Duncan Cultis witnes admittit and suorne and Johnn Reid 
in Miguy contimaxit 1 Togidder with ane messiue bill \vritin and 
subscriuit with the hand of the said George Gordoune as appeirit And 
the Schirref set Wednisday nixt eftir the heid Pasche court nixtocum to 
the said Robert to preif for the secund in presens of 

(21 April 1574) 

THE said day in the terme assignit to Robert Cultis of Ouchtercoull to 
preif for the secund aganis George Gordoun of Lesmoir Compeirit the 
persevar and producit my lord Schirreffis precept deulie execut and 
indorsat on Johnn Reid witnes admittit and suorne and producit Robert 
Thomesoune and desyrit him to be admittit quhome aganis it wes 
exceptit be Maister Johnne Kennedy procuratour for the defender that 
the said Thomesoune is seruand and tennent to Johnne Forbes of Towy 
quha and his tennentis and seruandis ar exemit fra the jurisdictioun of 
my Lord Huntlie Schirref of Abirdeine and his depuittis be reassoun of 
inminitie and deidlie feid standand betuix the Gordonis and Forbessis as 
the exemptioune beiris and thairfoir the said Thomesoune aucht to be 
repellit and Paipe procuratour for Auchtercoull allegis the said exemp- 
tioune nocht irreleuant [? relevant] And Witsounday nixtocum assignit 
to Ouchtercoull to preif for the third 

(29 May 1574) 

THE said day in the terme assignit to Robert Cultis of Ouchtercoull to 
preif for the third aganis George Gordoun of Lesmoir Compeirit the said 
Robert be Alexander Paipe his procuratour and producit Findlay 
Makkallister Muilsoun in Waister Mechoa 2 and Thome Mackonny in 
Eister Mechoa witnes summoundit and contimaxit renuncit forder 
probatioune and protestit for condampnatour 

(23 June 1574) 

THE said day in the actioune and caus movit and persevit be Robert 
Cultis of Auchtercoull aganis George Gordoune of Lesmoir for the 
wrangous intrometting detening and withhalding fra the said Robert of 
ane meir of gray cullour off thre yeir auld or thairby conforme to my 
Lord Shreffis precept makand mentioun That quhair in the monetht of 
Junij or thairby in the yeir of God Ane thousand five hundretht threscoir 
nyn yeiris the said gray meir of three yeir auldis or thairbye price and 
walour thairof tuenty merkis usuall money of Scotland than pertening to 
the said Robert and being in the said Robertis possessioune as his avin 
prorMr geir being markit with his avin propir irne mark wes stovin or 

1 Found to be in contumacy for not obeying citation. 

2 If this is not a corruption or mis-spelling for Migvie, the writer cannot identify the place 
KK 257 



Aberdeenshire Sheriff Court : 

strayit fra the said Robert furtht of the Forrest of Corgarf Hand within 
the lordschipe of Kildrymmy and Shrefdome of Abirdeine the quhilk 
meir continewalie sensyn and as yit pertenit and pertenis to the said 
Robert lik as the same pertenit to him foilit in his avin possessioune 
of ane of his avin propir meiris And thaireftir in the monetht of Jullij 
last bipast in the yeir of God Ixxiij yeiris the said Robert sirceand 1 and 
seikand his said meir comprehendit the samen in the possessioune of ane 
honourabill man George Gordoune of Lesmoir within the boundis of the 
Forrest of Garbit 2 within the said Shrefdome quhair he the said Robert 
deulie and ordurlie challangit the same in the said George possessioune 
and offerit him reddy in forme of law to haif uerifeit and provin the said 
meir to haif beine and thane to be his avin propir meir as said is and that 
beand done requerit the said George to haue deliuerit to him his said avin 
meir Togidder with the profeittis sen the away taking or away straying 
of hir furtht of his possessioune as said is extending to ane staig of tua 
yeir auld the price ten poundis and ane uthir staig of ane yeir auld the 
price vi lib xiij sh iiij d The quhilk meir with hir profeittis forsaidis of 
the law and consetud of the realme the said George aucht to haue randerit 
and deliuerit and aucht to rander and deliuer to the said Robert be 
reassoune that he the said George wrangouslie intromettit thairwith per- 
tening to the said Robert as said is in the monetht of Junij or thairby in 
the yeir of God Ixxi yeiris and continevalie sensyn wrangouslie detenit 
and withheld the same fra the said Robert Neuertheles the said George 
wald nocht deliuer the said meir with hir profeittis price and walour 
forsaid to the said Robert nor yit will deliuer to him the samyn bot 
wtirlie refuisit postponit and deferrit to do the samen or at the leist deferrit 
to do the same unto the tym that the said Robert suld lauchtfullie werefie 
and preif the same to be his avin as said is and quhill he be compellit to 
do the same be justice lik as in my lord Shreffis precept at mair leyntht is 
contenit COMPEIRING the said Robert persevar be Alexander Paipe his 
procuratour and producit my lord Shreffis precept deulie execut and 
indorsat to this day quhairwith the said George wes lauchtfullie sumoundit 
to this day to heir and see ane sentence and decreit pronuncit in the said 
caus and the said George oft tymes callit and nocht compeirand lauchtfull 
tyme of day biddin The Shref deput forsaid being ryiplie and at leyntht 
aduysit with the preceptis actis probationis and depositionis of certane 
famous witnessis sumoundit admittit suorne and dilligentlie examinat in 
the said caus fand that the said gray meir pertenit to the said Robert 
Cultis of Auchtercoull price theirof ten poundis usuall money of Scotland 
and the staig of tua yeir auld price theirof ten poundis money forsaid 
QUHAIRFOIR decernit and ordinit the said George Gordoune to rander 

1 Searching. 

2 In the Cabrach or Khynie. Vide Ant. A. &* B., iv., p. 465. 

258 



Diet Books: Vol. HI., Heritable Rights 

pay and deliuer to the said Robert and his possessioune the forsaid meir 
of gray cullour als good as the sams wes the tyme of his intromissioune 
thairwith or thane the sovme often poundis usuall money of Scotland To- 
gidder with ane staig with the said meir or thane the sovme of ten poundis 
money forsaid for the excressent profeittis of the said meir sen the intro- 
metting with hir and als the sovme of three poundis money forsaid for 
expenssis of pley maid in the persuit of the said caus within terme of law 
and ordinis preceptis to be derect heirone in forme of law als oft as neid 
beis Quhairupoune the said Alexander Paipe procuratour forsaid askit 
act and instrument. 



Proceedings Involving Questions of Heritable Right 

(12 January 1573-4) 

THE said day in the terme assignit to Alexander Leslie of Nethir Dyce 
to exhibeit and produce all his defenssis in the actioune and caus of 
Cognitioune persevit be Maister George Johnnstoun burges of Aberdeinc 
aganis him Compeirit Alexander Paipe procuratour for the said 
Alexander and producit the saidis defenssis in vrit and the shreffis 1 
assignis Candelmes evin nixtocum to the said Mr George to ansure 
thairto in presens of Dauidsoun Pantoune and Pape procuratouris for 
the parteis varnit thairto apud acta 

(i February 1573-4) 

THE said day in the terme assignit to Mr George Johnnstoun burges of 
Abirdeine to exhibeit and produce ansuris to the defenssis producit for 
the pairt of Alexr Lesly of Neddir Dyce in the actioune and caus of 
Cognitioune persevit be the said Maister George aganis him Compeirit 
King procuratour for the said Mr George and producit the saidis ansuris 
in vrit and the Shreffis assignis Palme Sounday evin nixtocum to 
pronunce interlocutour in presens of King and Paipe procuratours 
for baytht the parteis varnit thairto apud acta on the quhilks thai tuik 
act and instrument 

(3 April 1574) 

THE said day in the terme assignit to pronunce interlocutour in the 
exceptionis proponit be Alexander Leslie of Dyce and ansuris maid 
thairto be Maister George Johnnstoune in the actioune and caus of 
Cognitioune persevit be the said Mr George aganis him The Schirref 
deput forsaid with consent of the said Maister George and Paipe 
procuratour for the defender continevit the pronunciatioun thairof to 

I John Gordoun of Avachie and Mr. Gilbert Bissat. 
259 



Aberdeenshire Sheriff Court: 

Vednisday nixt eftir the held Pasche Court nixtocum 1 in presens of the 
persewar and procuratour forsaid warnit thairto apud acta 

(29 May 1574) 

THE said day in the actioune and caus of Cognitioune movit and persevit 
be Maister George Johnnstoun aganis Alexr Leslie of Neddir Dyce in 
the terme assignit to pronunce interlocutour on the exceptionis proponit 
be the said Alexander and ansuris maid thairto be the said Maister 
George depending be continevatioun to this day the Schirreffis being 
ryiplye and at leyntht aduysit with the writtis and titillis producit repellis 
the exceptionis proponit be the said Alexr in respect of the ansuris and 
libell and titillis producit and admittis the libell to the probatioune of 
the persevar and assignis the xxv day of Junij nixtocum to preif the 
same for the first upoun the ground with intimatioune to the defender 
deulie as effeiris and Paipe procuratour for the defender protestit for 
remeid of lav vilfull errour and reductioune Quhairupoun he askit act 
of Court and instrument in presens of the persevar Barclay and 
Dauidsoun his procuratouris varnit thairto apud acta curie 

CURIA Vicecomitatus de Aberdeine tenta super bondas 
debitabiles inter Over et Neddir Dyiss (25 June 1574) 

THE said day in the actioune and caus of Cognitioune movit and persevit 
be Mr George Johnnstoune burges of Abirdeine aganis Alexander Leslie 
of Nethir Dyce in the terme assignit to the said Mr George to preif for 
the first Compeirit the said Mr George Johnnstoune and Maister George 
Barclay his procuratour and producit my lord Shreffis precept deulie 
execut and indorsat to this day aganis the said Alexander Leslie and 
witnes continitt in the said precept and desyrit the same to be admittit 
and suorne according to the desyr of the dyet Ex aduerso compeirit 
Alexr Paipe procuratour for the said Alexander and allegit the said 
Alexr wes nocht lauchtfullie sumound in respect he hes duelt continevalie 
sen Yuill last or thairby in Ratye withine the Schyir of Banf and the 
sumounding of him at Dyss nocht being his duelling place for the tyme 
lik as it wes nocht as is allegit sen the feist of Yuill is nocht sufficient bot 
aucht to haue sumoundit at the mercat croce of Abirdeine quhilk is nocht 
done and the intimatioune maid at Raty is nocht sufficient na lauchtfull 
sumoundis proceiding be reassoune the Shreffis Mair mycht nocht 
sumound outwith the boundis of the Shrefdome of Abirdeine and attour 
the said Mair deput nocht to be knavin ane Mair depute nor yit in use 
of sic office nor yit ressauit nocht the aytht of fidelitie at the Michalmes 
Court It is ansurit the witnes aucht to be ressauit the partie haldine to 

I No entry is found on this Wednesday : but there must have been a simple continuation on 
that day. 

260 



Diet Books: Vol. EL, Heritable Rights 

be lauchtfullie sumoundit first becaus the court and terme of probatioune 
is set to this day be ane judiciall [act] and the parteis and procuratours 
warnit thairto apud acta Secundlie the said Alexander is lauchtfullie 
sumoundit at his duelling place and at the ground of the landis quha hes 
and haid thir diuers yeiris bigane his principall duelling place one the 
ground of the saidis landis and lauchtfull intimatioune maid to him 
quhair he resortit for the tyme and ane attentik copy deliuerit to his wyif 
and sua he can pretend no ignorance nor non lauchtfull sumounding and 
to the oppositione maid contrar Alexander Johnnstoune that he is 
ordurlie creat Mair depute of the Shrefdome of Aberdeine sua haldin and 
reput and in use of executioune of the Shreffis preceptis within the 
Schyir forder proces aucht to be ressauit 1 And the Shref deput forsaid 
nochtwithstanding the forsaid allegeance 2 repcllit the same in respect of 
the ansuris and sumoundis and decernis witnes to be ressauit Quhilk 
Mr George producit Johnne Robertsoune in Hillafauldis and it wes 
allegit aganis his persoune that he wes tennent to the Provest of Abirdeine3 
quha was fader of law to the said Mr George It was ansurit be Barclay 
procuratour that the said exceptioun wes nocht releuant becaus the 
Provest of Abirdeine hes no entres in the caus nor yit presentlie assistis 
at the bar with the persevar quha wes haldin pro suspense ad aduisandum 
the xxviij day of julij nixtocum Alsua producit Wm Rannaldsoune 
admittit nochtwithstanding the allegeance maid in the former act in 
respect that Syme is noder persewar nor Moir defender in this present 
caus of Cognitioune4 Siclyk producit James Rannaldsoune in Corshill 
Ronnald Symmer in Crag Gilbert Heruy aganis quhome it wes allegit he 
duellit undir Gilbert Johnnstoune of Standandstanis brodir to the 
persevar and sua aucht nocht to be ressauit and the Shreff tuik the xxviij 
day of Julij nixtocum ad auisandum Als producit Alexr Sherar in the 
Miltoune of Fintraye Wm Bartlet in Kyneller Androw Geins in Hagheidis 
admittit and suorne and Paipe protestis for remeid of law in respect that 
Williame Bartlet is ane Wobster Attour producit Robert Cruikschank 
in Baddindaucht aganis quhome it wes obiectit he duellis undir the lard 
of Kaskebeins moder within the boundis comprehendit within the 
boundant euident nochttheles the Shreff admittit the said Robert and 
repellit the said allegeance and the said Robert wes admittit and suorne 
Alexr Rannaldsoune in the Kirktoune quhome the Shref tuik to be 

1 Alexr. Johnnstoune had been appointed on 9 June for the special purpose of citing Alexr. 
Leslie, and for that purpose only. 

2 Allegations. 

3 Provost Thomas Mengzes of Pitfoddels. 

4 The reference here is to a finding on the same day in the collateral action of Spuilzie at the 
instance of Leslie and Wm. Moir, his tenant, against Johnstoun and Andrew Syme, his tenant. 

261 



Aberdeenshire Sheriff Court : 

adiusit gif he suld be admittit or nocht the said xxviij day becaus he is 
Gilbert Johnnstoun tennent broder to the persevar quha hes or may haue 
commoditie of the caus And siclyk producit Wm Rannaldsoun in 
Fornet James Kelly in Perslie Ronald Still in Peterstoune Dauid Maky 
in the Cottounefauld [sic] Abirdeine contimaxit And als the said Mr 
George producit ane boundand Chartour of umquhill King Robert Bruce 
of guid memorie of the xj yeir of his G/ regne and instrument of seasing 
of the landis of Wodland and Overtoune of Dyce undir the signe and 
subscriptioune of umquhill Sir James Kid noter publict of the dait the 
xiiij day of September the yeir of God j m v c fourtie aucht yeiris Repeittit 
the haill proces and productis abefoir in this present caus and the Shref 
set the xxviij day of Julij nixtocum to the said Mr George to preif for 
the secund one the ground and the said day set to pronunce interlocutour 
one the witnes quhilkis ar takin ad auisandum in presens of Pape and 
Barclay procuratours for the parteis warnit thairto apud acta on the 
quhilks thai tuik act of court and instrument And James Johnnstoun in 
name of George Johnnstoun of that ilk protestis that quhat beis done this 
day betuix the saidis parteis be nocht hurtful or preiudiciall to him nor 
ony actioune may concerne him in respect he is heretour of the ground 
as he allegis and thairupoun tuik act of court and instrument. 

CURIA Vicecomitatus de Abirdeine tenta super bondas debita- 
biles inter Over Dyiss et Neddir Dyiss (28 July 1574) 

THE said day in the actioune and caus of Cognitioune movit and 
persewit be Maister George Johnnestoune burges of Abirdeine aganis 
Alexander Leslie of Nethir Dyiss in the terme assignit to preif for the 
secund and to my lord Shreff to gif his ansur one the vitnes taine ad 
auisandum producit in the first terme of probatioune viz Johnne 
Robertsoune in the Hill of Fauldeis James Ronnaldsoune Ronnald 
Symmer in Cragy and Gilbert Heruy Compeirit the said Maister George 
Johnnestoun and Maister George Barclay his procuratour and producit 
my lord Shreffis precept deulie execut and indorsat aganis the said 
Alexander Leslie defender and siclyk producit Johnne Kay at the Mill 
of Halforrest admittit and suorne Ronald Still in Peterstoune quhome 
aganis it wes opponit he had nothir tak nor steiding nochttheless the 
said Ronnald grantit be wertew of his aytht that he haid tuentie merkis 
wortht of geir in respect thairof the Shreff admittit him quha wes suorne 
and admittit Robert Banerla in Bandaucht repellit Thomas Logan in 
Westir Fintray admittit and suorne Johnne King in Kyneller admittit 
and suorne Duncan Maky in Cottoun of Auld Abirdeine admittit and 
suorne Williame Ronnaldsoune in Fornet aganis quhome it wes allegit 
he aucht to be repellit becaus he and Williame Moir tennent in Rathis 
ane of the persewaris of Maister George Johnstoun and Andrew Sym his 

262 



Diet Books : Vol. IE., Heritable Rights 

tennent ar undir deidlie feid be occasioune of bluid draving of ayther of 
thame be utheris onreconselit in the caus of spuilzie of cornis persevit 
be the said Alexr Leslie and Williame Moir aganis the said Maister 
George and Andrew Syme within the boundis libellit anence the quhilk 
and for defens thairof the producear of the said Williame Rannaldsoune 
up fundis his defenssis upoune ane boundand Chartour and possessioune 
as he allegis contening the saidis merchis and sua gif the said Maister 
George mycht obteine condampnatour on his Cognitioune he mycht 
allege he suld be absoluit fra the said spuilzie Attour that the said 
Williame Rannaldsounis sister is sonnis wyiff and in lyik cace witness 
repellit in the last terme as he allegis To the quhilk it wes ansurit the 
said allegeance aucht to be repellit as irreleuant becaus the said Williame 
Moir and Andrew Syme hes no interes in the said actioune of Cog- 
nitioune nather is thair ony of thame persewar with the said Maister 
George thairin nor yit persevit be him thairfoir the said witnes aucht 
nocht to be repellit and the actioune of Cognitioune is navayis coincident 
with the actioun of spuilzie nor be the contrar Notwithstanding the said 
allegeance the Shreff repellit the same and admittit the said Williame 
Rannaldsoune quha wes admittit and suorne And siclyk producit 
Rannalde Symmer in Damegreins James Ronnaldsoune in Corshill John 
Robertsoun in the Hill of Fauldis and Gilbert Heruy quha wes tane to 
be aduysit with abefoir Siclyk the Shreff contineuis the pronunciatioune 
of his interlocutour anent the admissioune or repelling of the said last 
witnes continevit abefoir to Lammes Evin next and Barclay repeittis the 
haill writtis and proces producit abefoir renuncis forder probatioun except 
the forsaids witnessis continevit and protestis for condampnatour and 
warnit the saidis vitnes apud acta to compeir within the tolbuytht of 
Abirdeine one Lammes Evin nixt to the effect forsaid And the said 
Alexander Leslie be the said Alexander Paipe his procuratour protestit 
for the said Mr George Johnstoun aytht de calumpnia to be ressauit be 
the Shreff principall upoun the ground debaittable be inspectioun thairoff 
and conferrance with the boundand Chartour for the same and that the 
fornamit obiectionis be discussit be the Shreff principall becaus the Shreff 
deput for the tyme hes no assissors and the vitnes depositionis contening 
thair faculteis aiges and guidis And Barclay procuratour for the persevar 
and the said Maister George Johnnestoune personalie present offerit him 
reddy to gif his aytht de calumpnia upoun the saidis boundis and 
contentis of his libell and protestit in case the same wer nocht ressauit 
that the same suld nocht be hurtfull nor preuidiciall to his actioune nor 
stope proces thairin in cace my lord Shreff principal hapnit neuir to cum 
to the ground to ressaue the same at the leist nocht for ane lang tym 
and that he may have the Shreffis ansur upoun the defenderis allegeance 
and the persewaris ansuris maid thairto quhane my Lord Shreff or his 
depuittis thinkis thame resulit thairto 

263 



Aberdeenshire Sheriff Court: 

(Aberdeen 31 July 1574) 

THE said day in the terme assignit appoyntit be my Lord Shreff deput 
to be aduysit gif he wald ressaue Jon Robessoun in the Hill of Fauldis 
Gilbert Heruy in Standandstanis Rannald Symmer in Crag and James 
Rannaldsoune in Corshill witnes in the actioune and caus of Cognitioune 
persevit be Maister George Johnnestoune burges of Abirden aganis 
Alexander Leslie of Nethir Dyiss and siclyk in the peremptour excep- 
tioune proponit be the said Mr George and Androw Syme his tennent 
aganis the said Alexander Leslie and Williame Moir his tennent in the 
actioune and caus of Spuilzie persevit be the said Alexander Leslie and 
Williame Moir aganis the said Maister George and Androw Syme 1 and 
to pronunce the said Shreff depuittis interlocutour thairanent THE Shreff 
deput being ryiplie and at leyntht aduysit with the allegeance of baytht 
the parteis and thair oppositionis maid contrar the ressauing of the saidis 
witnessis ressauit and admittit the forsaidis witnessis in baytht the forsaidis 
actionis and thaireftir causit thame be suorne in jugement to depone the 
treutht thairanent sa far as thai knev and sal be speirit at thame be his 
interlocutour pronuncit thairanent Quhilkis being suorne and admittit as 
said is the said Maister George Johnnestoune and Maister George Barclay 
his procuratour renuncit forder probatioune and protestit for condampna- 
tour in the actioune and caus of Cognitioune intentit be the said Maister 
George and for absoluitour in the actioune and caus of Spuilzie intentit 
contrar him and his tennent be the said Alexander Leslie and his tennent 
in presens of Paipe procuratour for the said Alexander Leslie and Androw 
Syme [? William Moir] 

(Aberdeen 30 August 1574) 

THE said day in the actioune and caus of Cognitioun persevit be Maister 
George Johnnestoun burges of Abirdeine contrar Alexr Leslie of Nethir 
Dyiss the said Alexander being lauchtfullie sumoundit to this day be 
wertew of my Lord Shreffis precept to heir and see ane decreit pronuncit 
in the said actioune and caus conforme to the proces and probatioun led 
and deducit thairanent or ellis to allege ane reassonabill caus quhy etc 
Compeirit the said Mr George and Maister Williame Dauidsoune his 
procuratour and producit my Lord Shreffis precept deulie execut and 
indorsat to this day to the effect forsaid and als producit our Souerane 
Lordis letters of dispensatioune dispensand with the feriot and closs tyme 
of heruist and iustice air and for halding of courtis within the tymes thairof 
and thaireftir the Shreff deput forsaid 2 with consent of the said Maister 
George Johnnestoun party persewar and Alexander Paipe procuratour for 
the defender and als with consent of Wm. Leslie of Wardress and Patrik 

1 The cross actions of Spuilzie and Cognition are now being treated as conjoined. 

2 John Gordoun of Avachie. 

264 



Diet Books: Vol. EL, Occupancy of Land 

Leslie of Flender brothir germane to the said defender Continevit the 
pronunciatioune of the said decreit sumoundis raisit thairone and execu- 
tioun of the same to the xv day of October nixtocum in sic streyntht and 
effect as the same wes this day mycht haue beine pronuncit this day [sic] 
in presens of the persevar and procuratour forsaid for the defender vvarnit 
thairto apud acta And in the mydtyme the Shreff deput forsaid with 
consent of the forsaidis personis aboue mentionat Ordinis the cornis nov 
growand on the ground debaittable within the boundis of the persewaris 
sumoundis to be schorne wyn collectit and gadderit upoune the expenssis 
of the same be baytht the parteis equalie and to remane upoun the ground 
quhair thai nov grow and to be sufficientlie dyikit and preseruit frome 
skaytht unto the tym decreit be pronuncit in the forsaid caus of Cogni- 
tioun and thairby decernit to quhome the saidis cornis and ground richt 
suld aperteyn and that the saidis cornis be nocht removit of the said 
ground to that tyme undir the pain of Braiking of Arreistment to the 
partie avaytakar thairof it beand provine the saidis cornis to be taikin 
avay be ony of the parteis the arreistment sal be haldine as broikine ipso 
facto but ony forder declaratour but preuidice of ony of the parteis just 
and lauchtful defenssis competent to them of the law sic as justice may 
result to them heireftir 

(15 October 1574) 

[Case evidently continued, an unfilled half page being left for the 
entry.] 

(30 October 1574) 
[Case again continued to " Andirmes evin."] 

(29 Novr. 1574) 

[It is evident that Decree was pronounced at this Court because seven 
pages are left blank opposite the name of the case on the margin ; but 
unfortunately the result of the action is not disclosed.] 



Proceedings involving Questions as to Occupancy of Land 

I. 

(22 April 1574) 

This was an action at the instance of Mr. Wm. Carriegy of Over 
Ruthvenis against Alexr. Waus, occupier of the lands of Over Ruthvenis 
with the pertinents " lyand on the eist syid of the maner place of the 
samen," from which he had been warned to remove at Whitsunday, 1570, 

LL 265 



Aberdeenshire Sheriff Court: 

by Decree of the Lords of Council and Session but had not removed, and 
in which the violent profits are thus described by the pursuer : 

Extending to the availl and quantitie under writtine That is to say the 
profeit of thre scoir bollis aittis saving yeirlie estimit to the third corne 
price of the boll with the foddir yeirlie ourheid xxvj sh viij d threttie 
bollis beir saving estimit to the fourt corne price of the boll with the 
foddir yeirlie ourheid xl sh scottis monie the profeit of audit milk kye 
yeirlie the profeit of ilk ane thairof yeirlie in pastur milk stirk buttir and 
cheis to xxxiij sh iiij d The profeit of ten draving oxin the profeit of 
ilk peice yeirlie thairof in wark laubour and hyirgang extending to sex 
firlottis wictuell price of the boll yeirlie ourheid xl sh the profeit and 
pastur of twentie yield nolt yeirlie price of ilk peice pastur and girss 
ourheid ten sh The profeit of four scoir milk yewis extending ilk piece 
yeirlie ourheid in profeit be woll lamb milk butter and cheiss to xxvj sh 
viijd the profeit of sex scoir yeild scheipe the profeit of ilk peice yeirlie 
in woll and pastur to vj sh viij d the profeit of four meiris the profeit of 
ilk peice yeirlie in wark laubour foilis and hyirgang extending to ten 
poundis the profeit of four wark hors extending ilk peice yeirlie ourheid 
in profeit be laubour and hyirgang to ten poundis the profeit and pastur 
of four brod swyn with thair gryissis the profeit of ilk peice of the said 
brod swyne yeirlie in gryssis extending to five poundis The profeit of 
twentie brod geiss the profeit of ilk peice yeirlie in geislingis extending 
to xxx sh tua dosand of cauponis the profeit of ilk peice ourheid yeirlie 
iij sh The profeit of thre dosand pultrie the profeit of ilk peice yeirlie 
ourheid xviij d 

Decree was given, after evidence, for four years' profits thus detailed : 

To wit the groutht of thre scoir bollis aittis saving yeirlie estimit to the 
third corne price of the boll with the foddir yeirlie ourheid vj sh viij d 
The groutht of twentie bollis beir saving estimit to the third corne price 
of the boll with the foddir xx sh aucht milk kye the excressent profeittis 
of ilk peice thairof in milk butter and cheis yeirlie xiij sh iiij d ten 
draving oxin the profeit of ilk peice in wark laubour and hyirgang to ane 
boll of beir price thairof xx sh xx yeild nolt the profeit of ilk peice 
yeirlie ourheid ij sh ane hundretht scheipe the profeit of ilk peice yeirlie 
ourheid xl d three horss profeit of ilk peice yeirlie daylie xij d the profeit 
of xx geiss yeirlie price of ilk peice in gaislingis yeirlie ourheid xviii d 

II. 

(23 June 1574) 

THE said day in the actioune and caus persevit be Robert Irving of 
Lastis aganis Andrew Christall in Bogfarlaw for the wrangous postponing 

266 



Diet Books: Vol. TO.., Occupancy of Land 

and deferring to entir to the schado third pairt of the saidis landis of 
Lastis pertening heretablie to the said Robert Hand withtin the barrony 
of Culter-Cuming and Shrefdome of Abirdeine conforme to my Lord 
Shreffis precept deulie execut and indorsat to this day and to joiss 
and bruik the saidis landis for the space of ten yeiris for the yeirlie 
dewitie contenit in the said precept Compeiring the said Robert be 
Maister Williame Dauidsoune his procuratour and producit my Lord 
Shreffis precept deulie execut and indorsat to this day and desyrit proces 
Ex adverse compeiring the defender and Wm Forbes burges of Abirdeine 
his prolocutour and allegit the said Andrew to be depender and seruand 
to Johnn Forbes in respect thairof to be exemit fra the Shref and his 
jurisdictioune thairfor na proces can proceed aganis him to the quhilk it 
wes ansurit be Mr Wm Dauidsoun procuratour for the persevar that the 
said Andrew wes nothir seruand nor depender to ony Forbes bot seruand 
to the airis of umquhill Thomas Lindsay and in that respect aucht nocht 
to be exemit forder allegit the said Andrew sen the obtening of the said 
exemptioune he defendit at syndrye dyettis in the actioun persevit be 
Wm Dauidsoune in Auld Abirdeine aganis him and interlocutour alreddy 
pronuncit in the said caus And in respect of the said reply and no 
forder oppositioune maid in the contrar Decernit proces to the persevar 
and admittit his libellit sumoundis to his probatioune and assignit the 
xij day of Julij nixtocum to him to preif for the first and the said 
Williame Forbes protestit for remeid of law and nullitie of proces and 
thairupoun desyrit act and instrument 

(No further trace.) 

III. 

(5 July IS7S) 

THE said day in the actioune and caus of evectioun movit and persewit 
be Johnne Gordoun of Auldtounleyis cessioner and assignay lauchtfullie 
constitute be Williame Ydill to the actioune and caus undirvrittine 
aganis Williame Mertyne in Over Tullocht conforme to my Lord 
Shreffis precept makand mentioun That Quhair in the monetht of Junii 
or thairby the yeir of God j m v c and seventie four yeiris The said Williame 
Idill in Neddir Tullocht wes in reall actuall and peciabill possessioun be 
him selff his seruandis guidis and geir of All and Haill the toune and 
landis of Dipstoun with the pertinentis Hand within the Baronie of Keige 
and Monymusk Regalitie of Sanctandrowis and Shrefdome of Aberdeine 
as malar thairoff be teilling sawing laubouring occupeing and manuring 
the ground of the same casting and wynning of fewall faill and dowettis 
pasturing of his cattell and guidis thairupoun and at all pairts thairof 
quhair he thocht expedient Lik as the said Williame wes in peciabill 
possessioun of the samen diuers oulkis and monethtes immediatlie 

267 



Aberdeenshire Sheriff Court: 

preceiding the said monetht of Junii the yeir of God abounevrittine 
Neuirtheles Wm Mertyne duelland in Over Tullocht be him selff his 
seruandis complices and utheris in his name of his causing command 
assistance and ratihabitioun wrangouslie maisterfullie and wiolentlie be 
way of deid evectit outpat and keist furtht the said Williame Idill furtht 
and fra his possessioun of the saidis landis of Dipstoune with the 
pertinentis in the forsaid monetht of Junii the yeir of God j ra v c and 
seventie four yeiris aboune specefeit The said Williame Ydill than being 
in reall and actuall possessioun of the samen inclusit with in termes and 
nocht lauchtfullie warnit to have removit thairfra nor decreit of removing 
ordurlie past thairupoune and intrusit himselff his seruandis guidis and 
geir thairintill and sua vrangouslie dispossessit the said Williame Ydill 
thairoffand hes wrangouslie withhaldine the saidis landis of Dipstoune 
with the pertinentis fra the said Williame continewalie sensyne Togidder 
with the haill profeittis and excressence that he mycht haue had thairoff 
yeirlie and ilk yeir sensyne And the said Williame had sufferit him 
laubour the samen with his awin guidis and geir and had nocht violentlie 
the tyme forsaid evectit and put him thairfra as said is extending to the 
awaill and quantitie undir vrittine That is to say the excressent pro- 
feittis of four scoir bollis aittis sawing yeirlie extending to the third 
curne price of the boll xxvj sh viij d The profeit of twentie bollis beir 
sawing yeirlie extending to the feird curne price of the boll with the 
foddir xl sh The profeit of tua bollis quhyt sawing yeirlie extending to 
the feird curne price of the boll with the foddir xl sh The profeit yeirlie 
of twentie heid of kye extending in milk calff buttir and cheiss ilk peice 
yeirlie three poundis The profeit and pastur of thre scoir uthir yeild nolt 
yeirlie extending ilk peace in pastur to x sh The profeit of ten vark 
oxine yeirlie extending ilk peice in wark laubour and hyirgang to sex 
firlottis meill price of the boll fiftie schillingis The profeitt of aucht wark 
horss and meiris the profeit of ilk peice yeirlie in vark laubour and 
hyirgang xx lib The profeit of four scoir yowis yeirlie in woll lamb milk 
butter and cheiss to xx sh The profeit of aucht scoir yeild scheipe 
yeirlie in pastur and woll x sh The profeit of tua brod sowis in grysis 
yeirlie three poundis The profeit of xij brod geiss ilk peice yeirlie in 
gaislingis xx sh The profeit of three dosand of cauponis price of the 
dosand xxx sh The profeit of four dosand of pultrie the price of the dosand 
xviij sh And albeit it be of treutht and weritie lik as it is That the said 
Williame Ydill upoun the tent day of Aprill the yeir of God j m v c and 
thre scoir fiveteine yeiris maid and constitut the said Johnne Gordoune 
and his aires his werray lauchtfull undouttit and irreuocabill cessioneris 
and assignais and donatouris veluti in rem suam cum dispositione libera 
in and to the said wiolent evectioun and to all actioun that may result 
thairone the said wrangous and violent evectioune and to all profeittis 

268 



Diet Books: Vol. HI., Occupancy of Land 

and excressence of guidis or geir may follow or result thairupoune sen the 
tyme of the forsaid committit evectioun and violent furthtputting of the 
said Williame Idill furtht and fra the saidis landis of Dipstoune with the 
pertinentis aboune expremit and hes transferrit his haill titill rycht and 
entres in the persoun of the said Johnne Gordoun and hes surrogat him 
in his place thairoff for euir quhairby the said Johnne Gordoune as 
assignay and cessioner forsaid hes iust actioun rycht entres and place to 
persew the forsaid violent evectioun committit be the said Williame 
Mertyne in the maner aboune expremit and to be enterit and restoirit to 
the possessioun of the forsaidis landis with the pertinentis and for the 
haill profeittis mycht or may result or follow thairupoun yeirlie and ilk 
yeir sen the tym of the committing of the samen as throuchtlie becum in 
the place of the said Williame Idill upoune quhome the said violent 
evectioun wes committit in maner aboune expremit and that it is siclyk 
of treutht and veritie that the saidis haill profeittis aboune expremit of 
price valour and quantitie aboune mentionat resultis followis and suld 
result upoun the forsaid committit evectioun and actioun thairoff in sa 
far as the said Wm Idill makar of the said Assignatioune mycht haue 
had samekill profeit of the saidis landis of Dipstoune with the pertinentis 
yeirlie and ilk yeir sen the tyme of the violent evecting of him fra the 
samen and he had beine sufferit to peaceablic laubour and occupy the 
saids landis with his awin guidis and geir and had nocht beine violentlie 
evectit thairfra in maner aboune expremit And that the said Wm 
Mertyne befoir the making of the said Assignatioune nawayis restorit the 
said William Idill to his possessioun of the forsaidis violent profeittis 
quhilk he mycht haue had thairoff as said is And thairfoir the said 
Williame Mertyne aucht and suld restoir at the leist entir the said 
Johnne Gordoun as cessioner and assignay forsaid To the possessioun 
of the forsaidis landis of Dipstoune and refound content and pay to him 
as assignay and cessioner forsaid the haill profeittis aboune expremit 
of the price valour and quantitie aboune mentionat or thane the prices 
and valour of the samen befoir expressit for the reasonis and caussis 
befoir expressit nochttheles the said Williame Mertyne vrangouslie 
refuissis postponis and deferris to do the same without he be compellit 
thairto be ordur of justice Lik as in my Lord Shreffis precept 
at mair leyntht is contenit Compeiring the said Johnne persewar 
be Maister Williame Dauidsoune his procuratour and producit my 
lord Shreffis precept deulie execut and indorsat to this day quhairwith 
the said Williame wes lauchtfullie sumound to heir and see himself 
decernit to haue failzeit in the probatioun of the peremptour exceptioun 
admittit to his probatioun and sentence and decreit condampnatour pro- 
nuncit conforme to the prices led and deducit in the said caus AND als 
producit ane Instrument of Assignatioun quhair the said Williame Ydill 

269 



Aberdeenshire Sheriff Court*. 

maid the said Johnne Gordoun his assignay to the said evectioun and all 
violence and violent profeittis mycht follow thairupoun of the dait the tent 
day of Aprill theyeirof God ane thousand fi ve hundretht seventie five yeiris 
undir the signe and subscriptioun of Maister Alexander Barroune Noter 
and protestit for condampnatour And efter ane peremptour defens proponit 
be the said Williame Mertyne and ansuris maid thairto be the said Johnne 
Gordoun the said peremptour exceptioun allegit be the said Wm wes 
admittit to his probatioune and ane certane day assignit to him to preiff 
peremptourlie At the quhilk terme the said Williame Mertyne failzeit in 
probatioun of the said peremptour exceptioune quhairfoir the said Maister 
Wm procuratour forsaid protestit that the said peremptour exceptioune 
suld be circumducit and als in that respect for condampnatour in the 
principall cans in presens of Andro Kyng procuratour for the defender 
protestand for remeid of law And the Shreff deput forsaid being ryiplie 
and at leyntht aduysit with the preceptis and titillis producit for the pairt 
of the persewar fand that the said Williame Mertyne defender had failzeit 
in probatioun of his said peremptour exceptioun And thairthrow the said 
Williame Mertyne in Overtullocht be himselff his complices and utheris 
in his name of his causing command assistance and ratihabitioune did 
wrang in the wrangous maisterfull and violent evecting by way of deid 
outputting and casting furtht of the said Williame Idill furtht and fra his 
possessioune of the saidis landis of Dipstoun with the pertinentis in the 
monetht of Junii in the yeir of God j m v c seventie four yeiris The said 
Williame Ydill than being in reall and actuall possessioun of the samen 
inclusit within termes and nocht lauchtfullie warnit to haue removit 
thairfra nor decreit of removing ordurlie past thairupoun and intrusit 
him selff his seruandis guidis and geir thairintill and sua wrangouslie dis- 
possessit the said Williame Idill thairoff and hes wrangouslie withhaldin 
the saidis landis of Dipstoune with the pertinentis fra the said Williame 
continevalie sensyne Togidder with the haill profeittis quhilkis the said 
Johnne mycht haue had thairof yeirlie and ilk yeir sensyne And the said 
Wm Mertyne had sufferit him laubour the samen with his awin guids and 
geir and had nocht violentlie the tyme forsaid evectit and put him thairfra 
extending to the awaill and quantitie undirvritine That is to say the 
excressent profeittis of four scoir bollis aittis sawing yeirlie extending to 
the third curne price of the boll with the foddir xxvj sh viij d [and so on 
repeating the conclusion copied above exactly] QUHAIRFOIR Decernit 
and ordinit the said Wm Mertyne To refound content pay and deliver to 
the said Johnne Gordoun as assignay forsaid The haill cornis beir and 
aittis guidis and geir abounevritine or thane the prices thairoff aboune 
expremit quhilks the said Williame Ydill and Johnne Gordoun his 
assignay mycht haue had respective of the samen gif the said Williame 
Mertyne had not violentlie intrusit him selff thairin evectit and put furtht 

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Diet Books: Vol. IDL, Occupancy of Land 

the said William Idill thairfra as said is hot had sufferit him laubour 
occupie and manur the samen with his awin guidis and geir sensyne and 
the said Johnne Gordoun as cessioner and assignay forsaid to be enterit 
to the possessioun of the forsaidis landis of Dipstoune with the pertinentis 
to be peciablie laubourit manurit occupeit and posseidit be him in tymes 
cuming ay and quhill he be lauchtfullie callit and ordurlie put thairfra be 
the law And siclyk Decernis and Ordinis the said Williame Mertyn To 
refound content and pay to the said Johnne Forbes [Gordoun] as cessionar 
and assignay forsaid the profeittis quhilk the said William Idill makar of 
the said Assignatioun and the said Johnne Gordoun assignay forsaid 
mycht haue had respective of the saidis landis yeirlie sen the tym of the 
evection forsaid gif he had not intrusit him selff violentlie in the 
possessioun thairoff evectit and put furtht the said Wm Ydill thairfra bot 
had sufferit him to haue peciablie bruikit and occupeit the same extend- 
ing yeirlie sen the tym of the said evectioune to the awaill quantitie 
estimatioun and prices respective forsaidis as is perticularlie abounevritine 
In respect ane peremptour exceptioun wes admittit to the said Williames 
probatioun and he had failzeit in probatioun thairoff for the titill reassonis 
and caussis forsaidis and ordinis precepts to be derect heiron als oft as 
neid beis quhairupoun the said Mr Wm Dauidsoun procuratour forsaid 
askit act of Court and instrument 

IV. 

(2 May 1576) 

THE said day in the actioune and caus of removing off violence persewit 
be Alexander Setoune appeirand of Meldrum assignay lauchtfullie 
constitut to Adame Gordoun of Auchindoune To the actioun and caus 
of removing and profeittis resultand tharone libellit aganis William 
Abirnethy of Bischopisbyrnes and William Garmak in Bogfechill 
Johne Wawane thair George Symesoune thair and Alexr Myll 
thair conforme to the libellit summoundis COMPEIRIT for the 
said Alexr Maisteris George Barclay Williame Dauidsone and Alexander 
Paipe his procuratouris and producit my Lord Shreffis precept of 
sumoundis deulie execut and indorsat to this day with ane precept of 
warning subscriuit be the hand of the said Adam Gordoun of Auchindoun 
siclyk deulie execut and indorsat Ane letter of Assignatioune maid be the 
said Adam Gordoun to the persewar for the persuit of the actioun libellit 
subscriuit be the said Adam of the dait at Abirdeine the secund day of 
Julij the yeir of God j m v c threscoir thretteine yeiris Togidder with ane 
instrument of seasing of the said Adam Gordounes of the landis libellit 
undir the signe and subscriptioun of umquhill Maister James Stewin 
noter publict of the dait the xxj day of Nouember the yeir of God j m v c 
sextie yeiris and according thairto desyrit proces Ex aduerso compeirit 

271 



Aberdeenshire Sheriff Court: 

Williame Abirnethie Williame Gormak George Symesoun and Alexr 
Myll personalie quha constitutis Maister Johnne Kennedy Maister Oliiier 
Pantoun Maister Johnne Abirnethy coniunctlie and seueralie thair pro- 
curatouris with power to substitut promittendo de rato And Johnne 
Wawane compeirand be Johnne Stevin his son of law he beand seik as is 
allegit quha and the said Williame Abirnethy obleist thame coniunctim 
et diuisim de rato and to produce ane sufficient mandat at the nixt dyet 
giff ony be quha protestit for all thair just and lauchtfull defenssis and 
exceptit aganis my Lord Huntlie Shreff principall off Abirdeine and all 
his depuittis thay may nocht be juges competent to cognosce in this caus 
becaus my said lord Shreff principall is superiour to the landis libellit 
and the landis haldin off him quhairfoir he nor his deputis ar juges 
competent to cognosce in this caus and protestit giff thai proceid for 
nullitie of proces To the quhilk is ansurit that the allegeance suld nocht 
be hard being ane requisitour quhill caution be first fand according to the 
act of parliament as the persewaris desyris befoir ony ansur making to 
the allegeance protestand solempnitlie for the same and adheirand thairto 
ansuris to the allegeance The samen aucht to be repellit and proces 
decernit nochtwithstanding the same Becaus my lord Huntlie principall 
Shreff off quhome the defender allegis the landis libellit to be haldin is 
nocht juge in this caus nor yit is he heir present and it is of treutht his 
deput may be juge competent beand onsuspect lik as ar Maisteris Gilbert 
Bissat David Gunner 1 coniunctlie and seueralie now sittand in jugement 
as deputtis no opposition maid contrar thair personis And Maister 
Johnne Kennedy procuratour forsaid allegit that giff the principall Shreff 
be suspect the juges substitut be him be his commissioun ar lyikwyis 
suspect lyk as the said Maister Gilbert Bissat and David Gunnar ar and 
will do no thing by 2 the will and ordinance of my said Lord Huntlie And 
forder allegit that the defenderis aucht nocht to set cautioun bot befoir 
ane juge competent And mairour the said Williame Abirnethie for him 
selff and his saidis tenentis obleist him to set cautioun in the nixt court 
and dyet of this caus becaus he culd nocht haue the same presentlie 
according to the commound consuetud and practik of the Lordis of 
Counsall and of this Court quhair instant cautioun may nocht be had 
The persevar in the contrar anent the allegeance maid contrar the com- 
petencie of the juges to the rest refarris to the act of Parliament and 
specialie that na delay aucht to be maid anent the finding of cautioun 
except ane peremptour wes proponit that suld nocht be discussit and 
werefeit at this court quairupoun the parteis desyris the Shreffis inter- 
locutour Quha being ryiplie aduysit with the premissis repellit the 

1 There were on the bench on this occasion Mr. Gilbert Bissat, Robert Leslie and David 
Gunnar, the last of whom had been appointed on 31 October, 1575 (supra p. 232). 

2 i.e. Except by. 

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Diet Books: Vol. TO.., Occupancy of Land 

allegeance maid contrar thair personis fand thame selffis juges competent 
to cognosce in this caus notwithstanding the allegeance maid in the 
contrar And forder offerit to the defenderis thai proponand ane 
peremptour exceptioun releuantlie qualefeit or ane sufficient titill thay suld 
haue place to find cautioun the nixt dyet utherwayis repellit the haill 
allegeance preceiding proponit be the defenderis and tharfoir the 
defenderis protestit for remeid of law And the saidis defenderis 
hes fund William Abirnethie of Bischopisbyrnes and Maister Johnne 
Abirnethie in Balcorte cautiouneris coniunctlie and seueralie according 
to the Act of Parliament for the said Wm him selff and remanent 
tenentis contenit in the sumounds and the said William obleist him 
to releiff the said Maister John of the said cautionerie at all handis 
as efferis And Kennedy acceptit the libell and writtis producit sa 
far as thai mak for him et non alias And the said Maister John 
Kennedy procuratour forsaid allegit that the persewar hes no place 
to persew the actioun off removing libellit becaus no party nor persoune 
hes place nor entres to call and persew quhatsumeuir uther persoun for 
tak steding or rowme bot he that hes tytill tharto be heritage be bailzerie 
be assedatioun or sum sufficient titill bot it is of weritie that the persewar 
in his libell neuir allegis him selff to haue titill to the landis libellit 
quhairfoir he hes no place It is ansurit the allegeance aucht to be repellit 
in respect of the lybell beirand the persewar to be assignay lauchtfully 
constitut be Adame Gordoun of Auchindoun heretabill possessour for 
the tyme of the landis libellit to the warning libellit and to all actioun 
that may follow or result thairupoun as utirlie becum in the place of the 
said Adame thairanent And for the werefeing of the persewaris richt 
contenit in his sumoundis giffand him tytill to persew hes producit the 
said Letter of Assignatioune Togidder with the said Adame Gordounis 
instrument of seasing of the landis libellit and thairfoir suld the defenderis 
allegeance be repellit and forder proces decernit to the persewar And 
Kennedy adheirand to the premissis desyrit ane day to propone and giff in 
in vrit all his defenssis and exceptionis releuant of the law baytht per- 
emptouris and dilatouris according to the daylie practik of this court 
And it is ansurit na term aucht to be assignit in this proces as is desyrit 
be the defenderis becaus it is and suld be ane summer proces of removing 
and suld byd no delay and all the defenssis in the contrar aucht to be 
instantlie and summerlie proponit at the bar the day of the calling of the 
summoundis according to the ordinance of the Act of Parliament maid 
thairanent And als the defenderis compeirand and proponand certan 
recusitouris interlocutour pronuncit thairone and thaireftir proponand 
certan dilatouris the samen aucht and suld be first discussit be inter- 
locutour or ony ansur be maid be the Shreff to the desyr of the 
defenderis 

MM 273 



Aberdeenshire Sheriff Court: 

(Eo. die) 

THE said day Maister Johnne Kennedy procuratour forsaid adheirand to 
the premissis and na wayis passand thairfra allegis the precept of 
sumoundis generall and informall specialie in this poynt quhan it makis 
mentioune that Adame Gordoune hes lik as he had the tyme of the 
warning undirwrittine the landis of Bogfechill pertening to him in heritage 
and the tym of the said warning is novay qualefeit in the lybell hot onlie 
the term of removing and nocht the warning quhairby the defenssis of 
the defenderis ar tane avay uttirlie becaus it may stand that the warning 
may be maid nyn or ten monethtis befoir the terme of removing at the 
quhilk terme of warning the defender alsua to be heretablie infeft in the 
landis libellit lyk as he wes in deid and sua the said precept aucht to 
be repellit The persewar ansuris the allegeance aucht to be simpliciter 
repellit in respect of the summoundis the warning quhairupoun the 
samyn is foundit and seasing producit for instructing of the lybell and 
specialie in respect of the sumoundis it self nocht weill considderit be the 
defenderis beirand that Adam Gordoun of Auchindoune hes lik as he had 
the tym of the warning undirvrittine contineualie sensyn and diuerss 
yeiris immediatlie abefoir the landis libellit perteining to him in feuferme 
and heritage as his infeftment proportis and that he be wertew thairof be 
his avin precept and officiar causit lauchtfully warne the defenderis to 
remove thairfra at the feist of Witsounday contenit in the lybell and usit 
all detfull ordour requisit thairanent according to the Act off Parliament 
Upoun the quhilk the persewar procuratouris desyrit interlocutour The 
Shreff being ryiplie aduysit with the allegeance forsaid and ansuris maid 
thairto repellis the haill allegeance proponit be the defenderis in respect of 
the ansuris libellit sumoundis precept of warning and utheris titillis 
producit Quhairupoun Davidsoun Barclay and Paipe procuratouris for 
the persewar tuik act and instrument and Kennedy procuratour for the 
defenderis protestit for remeid of law 

(Eo. die) 

THE said day Maister Johnne Kennedy procuratour forsaid desyrit ane 
competent and lauchtfull day to be assignit to him of xv dayis to propone 
and qualefie in writ all his peremptouris defenssis To the quhilk is 
ansurit be the persewaris The actioune persevit is summar and thairfor 
na sic delay suld be grantit bot the same desyir is contrar the ordinance 
of the Act of Parliament And the Shreffis assigns the morne the third 
day of Maij to produce all his peremptouris qualefeit in writt in presens 
of the said William Abirnethie and remanent his collegis defenderis 
(except Wawane) Kennedy Dauidsoun Barclay and Paipe procuratouris 
for the persewaris warnit thairto apud acta And the said Maister John 
and William Abirnethie offerit thame to mak fayth in jugement that 

274 



Diet Books: Vol. HL, Occupancy of Land 

thair tytills and euidentis quhairupoun thai suld ground and qualefie 
thair peremptouris exceptionis are presentlie in Edinburgh! and without 
the samen can nocht qualefie the same in so short tyme as is assignit 
Thairfor protestit for remeid of law It is ansurit the desyr suld nocht be 
grantit albeit it be allegit the defenderis euidentis be in Edinburght 
becaus thai haue ressauit ane sumoundis quhairby thai wer lauchtfullie 
sumound upoun xv dayis warning be the quhilk thai hed sufficient tyme 
to prouyd thair defenssis and utheris rychtis giff thai ony had 

(3 May 1576) 

THE said day in the terme assignit to William Abirnethy and his 
tennentis to produce in writ thair peremptour defenssis in the actioune 
and caus of removing and wiolent occupatioune persevit aganis thame be 
Alexander Setoune appeirand of Meldrum conforme to the precept rasit 
thairupoune For the desyr of the terme compeirit Maister Johnne 
Kennedy procuratour for the defenderis and producit the saidis defenssis 
peremptouris in writt and protestit for absoluitour Off the quhilks 
defenssis the tenuour followis Heir follovis the defenssis peremptouris 
for the pairt of William Abirnethie etc IN THE FIRST adheirand to the 
protestation is and exceptionis proponit in this actioun obefoir for the pairt 
of the said William and his tenentis and specialie aganis the pretendit 
juges That George Erie of Huntlie Shreff principall being superiour of 
the saidis landis and hes annaleit the samyn titulo oneroso and is obleist 
for warrandice thairoff to the author of the persewar and consequentlie 
to him selff can nocht be juge competent nor na deput substitut be him 
in this caus to cognosce heirine And in lyik maner to the protestatioun 
maid for repelling of the exceptioune proponit aganis the irreleuancye 
and generalietie of the lybell quhair it maid no mentioune of ony speciall 
tym of warning quhairby the defenssis of the defenderis ar takin awaye 
in respect it micht haue stand lik as it is of weritie that giffand ony 
warning was maid the samyn wes maid at sic tym as quhen the maker of 
the samen wes denudit of the propirtie of the saidis landis be folfaltrie 
and the defender lauchtfully westit and seasit thairin be presentatioun of 
the Queins Grace to the Abbot and Conuent off Abirbrothok immediat 
superiours thairoff Quhilk defenssis the defender culd on no way propone 
in respect of the generalise of the lybell [? not] condiscendand upoun ony 
speciall tym of warning as said is And siclyk the defenderis ar debarrit 
fra sic defenssis as micht haue resultit to him be conferring of the 
warneris infeftment with his possessioun the tym of the warning seeing 
he affermis him to haue had the landis libellit the tym of the warning 
contineuallie sensyn as his infeftment at leyntht proportis quhilk can 
neuir be considderit be your L/ to be of treutht nethir ony thing opponit 
aganis the samen be the defender except that the persewar in his libell 

275 



Aberdeenshire Sheriff Court: 

had condiscendit upoune sum speciall tym of warning and siclyk 
adheirand to the protestatioun maid abefoir quhair the defender allegit 
the tytillis and euidentis quhairupoun he suld ground and forme his 
peremptour defenssis presentlie wer in Edinburgh! in retentis befoir the 
Lordis of Counsall and offerrit him to mak faytht thairupoune and desyrit 
ane terme of xv dayis to qualefie his peremptour defenssis in the said 
caus quhilk one no wayis he can releuantlie in forme of law without 
inspectioun of the saidis euidentis And als protestand for remeid in 
respect of the parcialitie of the juges quhilk wald assigne na langer terme 
than xiiij houris or thairby to qualefie the said peremptour defenssis 
contrar the comound styill of this court in semblable caussis and als 
nocht admittand your L/ juges competent for the caussis forsaid nor 
makand litiscontestatioune thairby bot as lau leives and necessarlie 
requiris 

IT is exceptit peremptourlie for the pairt off the said Wm and his saids 
tennentis respectiue that thai haue and had just tytill to occupy the 
landis libellit induring the space and yeiris libellit in sa far as the saidis 
tenentis hes sufficient tak and assedatioune of the said William Abirnethy 
to occupy the landis libellit induring the yeiris contenit in the lybell 
And the said William hes and had sufficient tytill of the samyn landis the 
saidis yeiris and wes lauchtfully westit and seasit thairintill induring the 
yeiris libellit and that in respect that the landis libellit being in the hands 
of the Queens Majestic for the tyme be reassoun of forfaltorie hir Grace 
than in the monetht off the yeir of God j m v c Ixiij yeiris presentit be 

hir letters of presentatioune William Abirnethy defender to the Abbot 
and Convent of Abirbrothok immediat superioris of the saidis landis to 
be ressauit and producit be the saidis superiouris as heretabill tennentis 
of the landis libellit for infefting of him thairintill quha lauchtfullie westit 
and seasit the said William thairintill be sufficient euident and tytill and 
seasing passing thairupoune Be wertew of the quhilkis the said William 
the tym of the pretendit warning contenit in the lybell and execucioun 
thairoff be certane space immediatlie abefoir and contineualie sensyn hes 
bein in corporall reall and actuall possessioun of the saidis landis as 
possessours bone fidei and thairfoir aucht and suld be absoluit simpliciter 
fra the violent occupatioun of the saidis landis induring the yeiris libellit 
and all excressent violent profeittis thairoff clamit be the persewar 
induring the yeiris libellit The said infeftment standand on reducit and 
ay and quhill it be reducit and als eftir the reductioun quhill new warning 
considdering the said pretendit warning wes maid at sic tym as the said 
Adam Gordoun denudit of all propirtie and richt of the saids lands be 
reassoun of forfaltorie forsaid 

To the quhilkis defenssis the persewar be his procuratouris forsaids ansuris 
And first To the first pairt of the pretendit exceptioun the samyn aucht 

276 



Diet Books: Vol. EL, Occupancy of Land 

to be repellit in this place and as it is proponit Becaus fra the begyn- 
ning to the end thairoff it is bot ane recapitolitioun of certane dilatouris 
proponit the day preceiding be the defenderis and this day being assignit 
to propone peremptourlie and to produce all thair peremptour defenssis 
qualefeit in writt The first exceptioun contenand na forme of peremp- 
tour aucht and suld be repellit loco quo lik as the same being proponit 
the day preceiding and seneralie heidis wer all togidder repellit be my lord 
Shreffis interlocutour pronuncit thairone To the last pairt it is ansurit 
that the samyn aucht to be repellit simpliciter as it is consauit and proces 
decernit upoun the persewaris sumoundis nochtwithstanding the samyn 
Becaus the pretendit richt contenit thairin acquirit to the said William 
upoun the Queins presentatioun can na wayis mak impediment to the 
persewar to persew his warning and sumoundis derectit thairone be sa 
far as umquhill George Erie of Huntlie being forfaltit as is allegit and 
than being superiour of the landis libellit the doym of forfaltour pronuncit 
aganis him wes befoir the tym of the persewaris warning reducit rescindit 
in plane Parliament To wit in the monetht off Aprill the yeir of God 
j m v c sextie sevine yeiris Be the quhilks the said umquhill lord and 
superior foirsaid wes reponit in his awin place and that befoir the warning 
as said is And it is of treutht and weritie that Adame Gordoun of 
Auchindoune was neuir forfalt neithir be censement of Parliament nor be 
declaratour past upoun ony submissioun bot the contrar is of weritie 
That he is decernit absoluit be the Lordis of Seassioune fra ony kynd of 
forfaltour as the decreit of the Lordis of Sessioune of the dait at Edin- 
burght the xxiiij day of Februar the yeir of God j m v c Ixxv yeiris at leyntht 
proportis Sua that thairthrow it is of certain veritie that the said Adam 
Gordoun of Auchindounne author off the persewaris richt and tytill wes 
neuir denudit of the rycht and propirtie of the landis libellit And sua 
being the said William Abirnetheis pretendit rycht acquyrit culd neuir be 
profitabill nor vailzeabill to him bot he thairby sen the begynning of the 
same hes bein euir in mala fide et mala fide possessour in sa far as the 
same is decernit be the Lordis of Seassioun to be and haue bein fra the 
begynning null in the selff with all that hes follovit thairupoun and siclyk 
to be in all tymes cuming and thairfoir in respect of the said decreit past 
and of the Erie of Huntleis repositioun befoir the warning persevit and 
that the said Adam Gordoun of Auchindoun wes neuir denudit of his 
rycht and propirtie of the landis libellit bot remanit heretabill proprieter 
thairoff the warning and sumoundis past thairupoun aucht and suld tak 
effect and the last pairt of the defenderis pretendit exceptioune simpliciter 
repellit and the said William pretendit principall tennent and the remanent 
defenderis his pretendit subtennentis decernit to remove in respect and 
consideratioun he and thai all togidder for the caussis forsaidis is and hes 
bein mala fidei [sic] possessores of the landis libellit and nawayis heirone 

277 



Aberdeenshire Sheriff Court: 

the persewaris desyris my lord Shreffis interlocutour And for the 
instructioun and werificatioun of the persewaris ansur forsaid eleding and 
evacuatioun of the last pairt of the pretendit exceptioun his procuratours 
forsaidis producis the decreit of the Lordis of Sessioun of the dait contenit 
thairine subscriuit be the hand of Maister James Makgill Clark off Register 
And the Shreff deput in respect the mater wes weychty continevit the 
pronunciatioun of his interlocutour to this day aucht dayis to wit the tent 
day off November [mistake for May] instant In presens of the procura- 
tours for ather off the parteis and the said William Abernethy personalie 
present warnit thairto apud acta 

(10 May 1576) 
THE said day in the actioune and caus off removing and violence persewit 

This day being assignit to pronunce interlocutour in the 

said caus Comperit William Chrystiesoune Shreff in that pairt and pro- 
ducit our Souerane Lordis letters and thairby sumound Maister Gilbert 
Bissat Shreff deput and place haldar for the tyme for to compeir befoir 
the Lordis of Counsall upoun the first day of nixtocum to heir and 

see the said mater aduocat to the saidis lordis for the reassonis and 
caussis contenit in the saidis letters and dischargit the Shreff principall 
and all his deputtis fra all proceiding in the said caus quhill the xviij day 
of the said monetht of Junij and deliuerit the copy of the saidis letters in 
jugement and thairupoun tuik act and instrument Barclay and Dauid- 
soun procuratouris for the said Alexr Setoun of Meldrum protestit that 
the actioun persevit be the said Alexander Setoun appeirand of Meldrum 
return again to the Shreff of Abirdein in eodem statu quo nunc and that 
in respect of the narrative of the letters quhairin is contenit no lauchtfull 
caus according to the Act of Parliament The quhilkis letters the Shreff 
obtemperit and obeyit and ordinit the same to be insert in thir buikis of 
the quhiik the tennour follovis James be the Grace of God King of Scottis 
To our Louittis Williame Christesoune etc [the remainder is not engrossed 
in the diet book and no further trace of the case found] 

V. 

CURIA vicecomitatus de Abirdeine tenta in pretorio eiusdem 
[17 July 1576] per honorabiles viros Gilbertum Mengzes de 
Cowlie Magistros Georgium Myddiltoun et Gilbertum Bissat 
vicecomites deputatos de Abirdeine per commissionem Supremi 
Domini nostri regis specialiter constitutes coniunctim et diuisim 
pro tribunali etc etc 

THE said day in the actioune and caus off removing movit and persewit 
be ane nobill and potent lord George Erie of Huntlie Lord Gordoun and 
Baidzenocht aganis Jonet Forbes the relict of umquhill William Forbes 

278 



Diet Books: Vol. HI., Occupancy of Land 

of Corsinda and William Forbes off Fothirbirss now hir spous for his 
interes James Forbes of Corsinda Johnne Mortimer of Cragivar and James 
King portioner of Barraucht curatours to the said James for thair interes 
pretendit principall tennentis and occupearis of the toun and landis of 
Todloquhy Patrik Hendirsoune pretendit occupear of four oxingang of 
the saidis lands Dauid Hendersoune occupear of aucht oxingang of the 
same Henrie Wilsoun pretendit occupear of four oxingang of the saidis 
landis of Todloquhy And siclyk the said Jonet Forbes relict forsaid 
William Forbes of Fothirbirss now hir spous for his interes principall 
tennentis of the toun and landis off Eddindurnocht James Forbes of 
Corsinda sone and air or at the lest appeirand air to umquhill William 
Forbes of Corsinda Johnne Mortimer of Cragivar James Kyng portioner 
of Barraucht his curatouris for thair interes Win Scharpe thair subtennent 
pretendit tennent and occupear of four oxingang of the said toun and 
landis of Eddindurnocht Andro Waistland occupear of uther four oxin- 
gang thairoff Waistland occupear of uther four oxingang of the same 
and Gilbert Waistland occupear of uther four oxingang thairoff And 
siclyk aganis Mr Duncan Forbes off Monymusk pretendit principall 
tennent of the toun and landis of Inver Duncan Jelis pretendit occupear 
of four oxingang thairoff Johnne Elmislie pretendit occupear of uther 
four oxingang of the same Duncan Patrick pretendit occupear of uther 
four oxingang thairoff Alexr Robertsoune pretendit occupear of uther 
four oxingang of the samen William Roch occupear of uther four oxin- 
gang thairoff Johnne Roch occupear of uther four oxingang Patrik 
Robertsoun pretendit occupear of tua oxingang of that ilk landis of Inver 
and Gilbert Foular pretendit occupear of tua oxingang of the samen 
Maister Duncan Forbes off Monymusk principal pretendit tennent of the 
toun and landis of Ardneidlie Patrik Patersoun pretendit tennent and 
occupear of four oxingang thairoff Henrie Cuschny pretendit occupear 
of uthir four oxingang thairoff Johnne Robertsoune pretendit occupear 
of uthir four oxingang of the same James Gordoun pretendit occupear of 
four oxingang thairoff Maister Duncan Forbes off Monymusk pretendit 
principall tennent of the Mill of Monymusk Patrik Mill his subtennent 
thair and occupear of the said Mill and Johnne Hay pretendit occupear 
of the Ailhous and Ailhous Croft off Monymusk For the wrangous and 
wiolent occupatioun thairoff ilk ane respective for thair awin pairtis sen 
the feist of Witsounday last bipast thai and ilk ane of thame being laucht- 
fullie warnit fourty dayis preceiding the said feist to haue flittit and 
removit thairfra The saidis lands and millis pertening to the said nobill 
lord in heritage feu ferme and heritage Hand within the Lordschipe of 
Monymusk Regalitie off Sanct Androwis and Srefdome off Abirdeine 
Compeiring the said nobill lord personalie in jugement and Maister Wm 
Dauidsoune his procuratour and producit his precept off warning deulie 

279 



Aberdeenshire Sheriff Court : 

execut and indorsat giffin undir his L/ subscriptioun manuall at the Bog 
of Geycht the xxj day off Aprill the yeir off God j m v c sevintie sex yeiris 
Togidder with the Shreffis preceptis derect thairone deulie execut and 
indorsat to this day Togidder with ane instrument off Seasing of the 
lands mills ailhous and croft aboune writtin with the pertinentis particu- 
larlie as is aboune expremit off the dait the day off the 

yeir off God j m v c sevintie yeiris undir the signe and subscrip- 

tionis off and desyrit proces And in the midtym 

Compeirit Maister James Forbes Shreff in that pairt and producit 
our Soueran lordis letters dischargeing the Shreffis off all proceiding 
and of thair offices in that pairt quhill the sext day of November 
nixtocum Quhilkis letters the Shreffis obtemperit and obeyit and 
ordinit the same to be insert in thir buikis Off the quhilk the tennour 

followis JAMES Forsamekill as it is humelie menit and 

schavin to us be Jonet Forbes [here follow names as above] That quhair 
our traist cousigne and counsalour George Erie off Huntlei [sic] allegeand 
the saidis compleneris landis to pertein to him hes be his moyan obtenit ane 
commissioun undir the testimoniall of the gryt seill be deliuerance of the 
lordis of our counsall constituand Gilbert Mengzes of Covlie Maisteris 
George Myddiltoun and Gilbert Bissat burgesses of our burght of Abir- 
deine and certan uther Shreffis of our said Shrefdome of Abirdeine and 
Bailzeis of the Regalitie of the Barrony of Keig and Monymusk in that 
pairt upoun the quhilk commissioun the saidis Shreffis and Bailzeis in 
that part hes derectit furtht thair precept at the instance of our said traist 
cousing and thainvitht hes causit sumound the saidis compleneris and 
thair saidis tennentis to ane gryt number to compeir befoir thame in ane 
Bailzie Court to be haldin be thame within the Tolbuiytht of our said 
burght of Abirdeine the xvij day of Julij instant to heir and see the saidis 
compleneris and thair saidis tennentis decernit to remove fra the saidis 
landis in the quhilk actioun the saidis pretendit Bailzeis and Shreffis 
intendis to proceid and gif decreit aganis thame at the instance of our 
said traist cousing howbeit in weritie thai can be na juges competent to 
the saidis compleneris as haueand power viz Commissioun In respect 
that the same Commissioun is purchest be the meanis and wayis of our 
said traist cousing be circumuentioune of the saidis lordis of our counsall 
tacita et suppressa veritate neuir informand the saidis lordis that the saidis 
compleneris thair kyn freindis tennentis and seruandis ar exemit fra our 
said traist cousingis persoun as Shreff principall of Abirdein and his 
depuittis thair office and jurisdictioune and that the saidis lordis of our 
counsall hes giffin decreit of exemptioun and gif the saidis lordis had bein 
myndit thairoff thai wald na wayis haue grantit the said pretendit com- 
missioun For it is of weritie that our louit cousing William Lord Forbes 
the saidis compleneris thair kyn freindis for diuers respectis obtenit ane 

280 



Diet Books: Vol. HI., Occupancy of Land 

decreit befoir the saidis lordis exemand thame thair kyn freindis tennentis 
and seruandis fra our said traist cousing as Shreff of our said Shrefdome 
his depuittis thair offices and jurisdictioun of the said Shreffschipe 
notourlie knavin to the saidis lordis Quhilk decreit of exemptioun pro- 
ceidit upoun ane ordinar proces be sumoundis rasit aganis our said rycht 
traist cousing quhairupoun and upoun diuers guid considerationis moving 
the saidis lordis the said decreit proceidit and vves giffin quhairin the saidis 
lordis appoyntit ane certan number of thame selffis to be juges in all ciuill 
caussis concerning the saidis compleneris and dischargit our said traist 
cousing and his depuittis of all proceiding aganis thame Quhilk decreit 
of exemptioun as yet standis in effect and sua the said commissioun as 
euill purchest the saidis lordis being onlie jugdes [sic] competent to thame 
in all thair ciuill caussis and effect thairoff aucht and suld be suspendit 
simpliciter fra all proceiding aganis the saidis compleneris in quhatsumeuir 
actionis persewit be our said traist cousing And forder the said Commis- 
sioun is werray euill purchest thay neuir being sumoundit to haue hard 
the samen gevin nor yit aucht ony wayis to tak ony effect in respect of 
the said decreit of exemptioun proceiding upoun ane ordiner proces 
standing on reducit or dischargit as said is And albeit thair wer na 
decreit off exemptioun gevin be the saidis lordis yit the personis of the 
saidis juges nor yit the place appoyntit for the saidis compleneris com- 
peirance ar na wayis competent For it is of treutht that the saidis juges 
with the touneschipe off Abirdeine in tyme of the last trubles tuik pairt 
aganis the saidis compleneris and assistit our said traist cousing his kin 
freindis 1 Nather may thay yit compeir in the said appoyntit place for 
defens of thair saidis actionis without assistance and fortificatioune of thair 
kin and freindis for suretie of thair lyiffis lyk as our said traist cousing 
will nocht faill on the uther syd to be accompaneit witht his kin and 
freindis And sua baytht the saidis parteis being conuenit in ane place 
quhilk is the principall and speciall place of our said traist cousingis 
jurisdictioun thair may gryt skaytht and inconuenience follow and thairfoir 
the said commissioun is evill purchest and grantit and effect thairoff aucht 
and suld be simpliciter suspendit and the said juges dischargit fra all 
forder proceiding in the said caus or leiding off proces aganis the saidis 
compleneris and the saidis tennentis be wertew thairoff and the said 
actioun aucht and suld be remittit to the saidis lordis as onlie juges com- 
petent thairto conform to the said decree of exemptioun to be decydit be 
thame as accordis of the law as is allegit OUR WILL is heirfoir [as in 
other examples] 

I. The reference here is probably to the affray between the Gordon and Forbes families at 
the Crabstane [Novr. 1571] in which the citizens were said to have sided with the Gordons. 



NN 281 



Aberdeenshire Sheriff Court : 

Proceedings in the Services of George Earl of Huntly as heir to his father 
in the Lordship of Huntly and Regality Lands in Keig and Monymosk 

A THE LORDSHIP OF HUNTLY 

CURIA Balliuorum burgi de Abirdeine tenta in pretorio eiusdem 
decimo die mensis August! anno Domini millesimo quingen- 
tesimo septuagesimo quinto per honorabilem virum Alexandrum 
Chalmer ballium 

THE said day compeirit honorabill men Gilbertus Mengzes of Cowly and 
Maister George Myddiltoune and presentit in jugemente ane commissioune 
undir the gryt seill giffin be our Souerane Lord chargeing thame as 
Schirreffis of Abirdeine in that pairt to sit in the tolbuytht of the said 
burght of Abirdeine for seruing of our Souerane Lordis breive or breivis 
impetrat and rasit at the instance of ane mychtie lord George Erie of 
Huntlie Lord Gordoun and Badzenocht To be seruit as narrest and 
lauchtfull air to umquhill George Erie of Huntlie his fader conforme to 
the breiff and petitioune to be producit Requering Alexander Chalmer 
bailzie to ressaue thair aythis for faythtfull administratioune of thair 
offices as Shreffis in that pairt The Quhilk commissioun the bailzie 
forsaid causit be red in jugement and thaireftir gaif the aythis to the 
saidis George and Mr Gilbert [sic] pro fideli administratione ut congruit 
Quhilkis Juges acceptit the said commissioun in and upoun thame and 
gaue thame the aythis for dew administratioun of thair offices conforme 
to the said commissioune upoun the quhilk Alexander Gordoun procur- 
atour for the said nobill Lord askit act of Court and instrument And 
the saidis Shreffis causit affence the Court de nouo as followis 

CURIA Vicecomitatus de Abirdeine tenta in pretorio eiusdem 
decimo die mensis August! anno Domini millesimo quingen- 
tesimo septuagesimo quinto per honorabiles viros Gilbertum 
Mengzes de Cowly et Magistrum Georgium Middiltoun Vice- 
comites de Abirdeine in hac parte per commissionem deractam 
coniunctim pro tribunal! sedente Quo die sectis vocatis et curia 
legittime affirmata 

THE said day Gilbert Mengzes of Cowly and Maister George Myddiltoune 
burges of Abirdeine eftir the acceptatioun of the said commissioune and 
causing of the court fensing agane of new Constitut Wm Bruce thair 
Clark of Court Dauid Gunner Officiar and Gilbert Burnet Dempster quha 
gaif thair aythis for faythtfull administratioun of thair officis in that pairt 
ay and quhill thai be dischargit according to the tennour of the said 
Commissioune quhilk thai ordinit to be registrat and insert in thair buikis 
and eftir the inspectioune of our Souerane Lordis breive Decernit and 

282 



Diet Books: Vol. EL, Proceedings 

Ordinit the memberis of court forsaid to pas to the mercat croce of 
Abirdeine and proclame the same to the xj day of October nixtocum 
upoun the quhilk the saidis Shreffis tuik Act of Court and instrument 
Followis the tennour of the Commissioun 

JACOBUS Dei gratia Rex Scotorum [Here is engrossed Commission 
in Latin appointing Thomas Mengzes of Pitfoddels, George Ogilvy of 
Dunlugas, William Hay of Delgaty, Gilbert Mengzes of Cowlie, and 
Messrs. George Middleton and Patrick Rutherford, burgesses of Aberdeen, 
or any one or two of them, Sheriffs of Aberdeen in that part for the 
purpose of Lord Huntly's service.] 

Datum sub testimonio nostri magni sigilli apud Edinburgh! Octauo 
die Julij 1575 et regni nostri octauo Sic subscribitur ex deliberatione 
dominorum consilii commissio 

CURIA Vicecomitatus de Abirdeine tenta in pretorio eiusdem 
undecimo die mensis Octobris anno Domini millesimo quingen- 
tesimo septuagesimo quinto per honorabiles viros Gilbertum 
Mengzes de Couly et Magistrum Georgium Myddiltoun Vice- 
comites de Abd in hac parte per commissionem S D N regis 
pro tribunali sedente etc 

THE said day compeirit ane nobill and potent Lord George Erie of 
Huntlie personalie in jugement and Maister Johnne Kennedy his L/ 
procuratour and producit our Souerane Lords breiff deulie execut and 
indorsat and als ane petitioune derect thairone Togidder with ane 
Commissioun derect to Gilbert Mengzes of Cowly and Maister George 
Middiltoun Shreffis of Abirdeine in that part quha acceptit the said 
Commissioun in and upoune thame and causit call the breiff at the 
Tolbuytht wundo eftir the affensing of the court conform to the tennour 
of the said Commissioun of the dait the xxviij day of Julij the yeir of 
God j m v c sevintie five And thaireftir causit ane officiar call ane assyiss 
quhilkis wes sumound to that effect thay ar to say [as in Table of 
Contents supra p. 231 as altered p. 234] quha compeiring personalie in 
jugement being admittit and suorne accepting the decisioun of the said 
breiff and petitioune upoune thame and passing to the Counsalhous for 
deliuerance affirmatiue or negatiue as use is upoun the quhilk the said 
nobill Lord askit act and instrument AND thaireftir comperit the said 
nobill Lord in the said Counsalhous in presens of the said assyis nominat 
electit suorne and admittit eftir the acceptatioun and admissioun of thame 
protestit gif thai seruit nocht his L/ conforme to his petitioun of the 
landis libellit contenit thairintill for wilfull errour and remeid of law and 
thairupoun askit act and instrument 

283 



Aberdeenshire Sheriff Court: 

CURIA Vicecomitatus de Aberdeine tenta in pretorio eiusdem 
[29 November 1 575] per . . . Gilbertum Mengzes de Covvlie 
et Magistrum Georgium Myddiltoun 

THE said day anent the seruing of our Souerane Lordis breves impetrat 
and rasit at the instance of ane nobill and potent Lord George Erie of 
Huntlie etc To be seruit as narrest and lauchtfull air to umquhill George 
Erie of Huntlie his father off the landis and superioriteis contenit in the 
petitioune Quhilkis wer suorn and admittit abefoir and seruit nocht 
affirmatiue nor negatiue And be wertew of our Souerane Lordis letters 
wer sumoundit of new to this day undir the pane of rebellioune to deliuer 
affirmatiue and gif ony of thame war deid seik or absent or furtht of the 
realme to cheis utheris unsuspet personis in thair places quhilks all 
compeirit except Alexander Eraser of Phillortht George Gordoun of 
Lesmoir and William Cuming of Inneralloquhy in quhais places were 
joint Maister Robert Lumisden of Clovvaytht James King of Barraucht 
and Alexr Leslie of Petcapill suorne and admittit with the remanent 
personis abefoir and siclyk producit the Chartour of Unioune gewin to 
umquhill Alexr Erie of Huntlie undir the gryt seill of the dait at 
Stirueling the xij day of Januar millesimo quingentesimo quinto et regni 
decimo octauo the Seasing conforme to the Chartour of Unioune undir 
the signe and subscriptioune of Sir Patrik Garntuly and Maister Johnne 
Dauidsoune noteris of the dait the xxiiij day of Julij anno millesimo 
quingentesimo sexto The Seasing of umquhill George Erie of Huntlie 
last deceissit of the haill Lordschipe conforme to the Unioune undir the 
signes and subscriptionis of Johnne Melwyn and James Rait noteris of the 
dait the xvij day of Julij anno millesimo quingentesimo trigesimo primo 
The Instrument of Seasing of George Erie of Huntlie last and Madame 
Elet Keyth his spous of coniunctfie of the haill Lordschipe of Huntlie 
undir the subscriptioune of Maister James Rait of the dait the secund 
day of Aprill anno millesimo quingentesimo trigesimo quinto and the 
Retour of the Seruice of George Erie of Huntlie as air to umquhill 
Alexander Erie of Huntlie his guidsir of the Lordschipe of Huntlie 
sumtym callit Straythbogy The Landis of Toucht Cluny Aboyne 
Glentanner Glenmuick with tenendis tenendreis and seruice of free 
tenentis annexis pertinentis aduocatioun and donatioun of benefices 
annexit and incorporat in ane free Barony callit Huntlie within the 
Shrefdome of Abirdene seruit be dispositioune of oure Soueran Lord for 
the tyme that of walour ane thousand pounds and in tyme of peace 
i m merks and siclyk the Decreit of Reductioun of the forfaltour of 
umquhill George Erie of Huntlie his father of the dait at Edinburght the 
xix day off Aprill the yeir of God j m v c Ixvij yeiris undir the subscriptioun 
of Sir James Balfour Knyt of Pettindreycht Clark of Register for the 
tyme The Erie Huntleis awin reductioun of Parliament of the dait at 

284 



Diet Books: Vol. EL, Proceedings 

Edinburght the xix day of Apryill the yeir of God j m v c Ixvij undir the 
subscriptioun of Sir James Balfour of Pettindreycht Knyt Clark of 
Register for the tyme Ane Decreit of Reductioun obtenit be George 
now Erie of Huntlie aganis William Lord Forbes of the landis of 
Corsinda Kebetie Ordequhart Auchabale Rannallaucht Tulleburne 
Tullereaucht Tulmavyders Tolmaddis Tullefour Tullekerie Meikill and 
Litill Tornaveine Drumlavse Larchastane Tullekerie Hand within the 
Barrony of Cluny The landis of Foddirbirss and Abirgardyn Hand 
within the Barrony of Aboyne The landis of Sunhuny Hand within the 
Barronie of Midmar within the Shrefdome of Abirdeine reducit in 
Seassioune the first of Julij anno Ixxv yeiris undir the subscriptioun of 
Maister James Makgyll of Rankellour Clark of Register for the tyme 
Item ane Decreit of Reductioune in Seassioune contra Johnne Forbes of 
Brux of the landis of Gellane with the miln of the same and siclyk contra 
Robert Calder of Assuanlie viz Over Assuanlie Carnagat Neddir Assuanlie 
Ester Candopark Newbigging and Corrchorne with thair pertinentis 
reducit in Seassioun of the dait the feird of Julij the yeir of God ane 
thousand five hundreth sevintie five yeiris undir the subscriptioun of Mr 
James McGill Clerk of Register for the tym Item ane Reductioun of 
Seassioune aganis Johnne Erie Mar Robert Innes of Innermerky Johnne 
Forbes of Tolleis Patrik Leslie of Kincragy Madame Annapell Murray 
tutrix to the said Erie Mar of the landis of Carneburro Garbrek Balna- 
both Balnacrag with pendiculis and pertinentis The lands of Innermerky 
with the mill thairof The landis of Torreglass The landis of Auchbeggis 
The landis of Lettacht Baddinlaw Hiltoune Graystane Fischarhillok 
The Landis of Fyndlatre The landis of Kyncragy with the pertinentis 
and mill of the same of the dait the third of Merche anno Ixxiiij yeiris 
Item ane Reductioun of Seassioune contra Wm Erie Merschell of the 
landis of Balmvir with the pertinentis callit Myirsyid The landis of 
Cokcla The pendicle callit Damhillok the landis of Densyid with thair 
milns multuris pairtis pendiculis annexis connexis tennendis tennendreis 
and seruice of free tennentis of the dait the fyift of Julij Ixxv yeiris undir 
the subscriptioune of Mr James McGill Item ane Reductioun in 
Seassioun aganis Robert Commendatour of Halieruidhous Sir Jon 
Wischart of Pettarrow Knyt of the lands of Kabracht the Ley of Tulli- 
hady The Forrest of Corryny with milns fischings multuris The landis 
of Glenmuik Obeyn Glentanner Inchmarnocht Tullycht Ballater 
Kandmoris with Loche and place of Kandmoir of the dait at Edinburcht 
the xj of Februar the yeir of God j m v c sextie sevine yeiris Item ane 
Decreit of Reductioune agains Jon Sempill and Mare Levingstoun his 
spous of the lands of Drumedclgie Outseit Bynsyd Boghary Intoun 
Inchethomache Drumequhaill Dyikheid Muirfauld Carnequholpe Braklais 
Incharne Brewlandis thairoff Carnetorrew Lands of Drumheid Dauidsoune 

285 



Aberdeenshire Sheriff Court: 

Intoun of Dauidsoune Neddirtoun of Dauidsoune Over Daucht Ardonald 
Botarie West third eist pairt Miln of Botarie Bogforg Mydseit Morlach 
Auchquhaunachie Over Auchindoun Neddir Auchindoun Daucht the 
Brewlands of Rothven Brighous the Miln of Rothven Ogstoun the Miln 
thairoff Quhyithill Armaletie Cumrie with all and sundry the outseittis 
pendiculis and pertinentis off the dait the xj day of Februar anno Ixvij 
yeiris undir the subscriptioune of Maister James Makgyll 

[Here follows the service of Lord Huntly to the Lordship and 
Barony of Huntly, which is in usual form and is summarized in Table of 
Contents p. 235 supra.] 

B THE REGALITY LANDS 

Gilbertus Mengzes et Magister Georgius Middiltoun judices in 
causa Comitis de Huntlie et curia in eorum nominibus tenta 
prout supra 

(29 November 1575) 

THE Quhilk day comperit ane nobill and 'potent Lord George Erie of 
Huntlie Lord Gordoune and Baidzenocht and presentit our Souerane 
Lordis breiff of Chancellarie with ane petitioun to the personis of 
Inqueist undirwrittine To wit [as in the previous service] quha wes suorn 
and admittit for seruing of the said nobill lordis breiff Requering the 
saidis inqueist to serue the said nobill Lord as narrest and lauchtfull air 
to umquhill ane nobill and potent Lord George Erie of Huntlie his father 
OFF all and sundry the landis of Seueildy Balgownie Armagathill 
Puttaquhy Pettindrcytht Bruny Miln of Keig Ailhous and croft thairoff 
Dullab Engzean Mekill Abircaty Litill Abircaty Glentoun Fingzeaucht 
with the miln thairoff Petmvny Covlie Miln of Monymusk Ailhous of 
Monymusk Ouchterkeig Ardneidlie Inver Todloquhy Tullochorne 
Eddindurnocht Tullesproly Cotteshill and the Kirklands of Kynkell and 
landis of Dyiss with all and sundrye thair pendiculis and pertinentis Hand 
respectiue within the Lordschippis and Barronyis of Keig and Mony- 
musk Regalitie of Sanct Androvis and Shrefdome of Abirdein In the 
quhilks landis milnis ailhouss with thair pendiculis and pertinentis aboue 
vvrittine his said umquhill fader deceissit last westit and seasit as of fee 
at faytht and peace of Marie thane Quein of Scotland haldin of the 
Bischope of Sanctandowris in fewferme and heritage for the yeirlie 
payment contenit in the Chartour 1 And the said Assyis eftir matuir 
deliberatioun refuissit to serue the said Lord of the landis milnis aillhouss 

I The Charter here referred to was doubtless the grant by the Archbishop of St. Andrews to 
George, Earl of Huntly on 7 April, 1543, on which sasine followed on the 23rd of the same 
month. Vide Ant. A. &> B. IV., p. 480. 

286 



Diet Books: Vol. HI., Proceedings 

croftis and remanent aboun writtine In respect thair is no Bischope of 
Sanctandrouis prouydit at this tyme knavin to thame and the Bischope 
of Sanctandrouis being prouydit hes his avin Chancellarie and derectis 
his breuis and passis be returis and this breif is nocht derect be him bot 
be the Chancellarie Ouhairupoun the said nobill Lord protestit he 
incurrit no danger heirthrow in respect the wyit wes nocht in him bot his 
L/ had schavin detfull dilligence and for remeid of law aganis the said 
assyis and thairone tuik act of Court and instrument 

CURIA Balliuatus Sancti Andree tenta in pretorio burgi de 
Abirdeine per honorabilem virum Magistrum Gilbertum Bissat 
de Petmukstoune ballium dicte regalitatis Sancti Andre in hac 
parte specialiter constitutum virtute commissionis Supremi 
Domini nostri Regis ex deliberatione Dominorum consilii sibi 
concesse sub testimonio magni sigilli prout in dicta commissione 
expresse tantum est sexto die mensis Februarii anno domini 
millesimo quingentesimo septuagesimo quinto pro tribunali 
sedente sectis vocatis et curia legittime affirmata 

THE said day the Bailzie forsaid according to the forsaid commissioune 
and his office and jurisdictioune forsaid specefeit thairin Great Williame 
Bruce dark of the said Regalitie Dauid Gunner sergeand and Gilbert 
Burnet dempster and gaiff thame the aythtis perticularlie that thai and 
ilk ane of thame suld use thair offices lelelie and treulie ay and quhill 
thai wer dischargit 

Eodem die curia de nouo affirmata 

THE said day the Bailzie forsaid eftir the lauchtfull creatioune of all 
memberis of court in maner befoir specefeit Ordinit the forsaid Com- 
missioune to be registrat and insert in thir buikis in forme of judicial act 
for his warrand off the quhilk the tennour follovis 

JACOBUS Dei gratia rex Scotorum Omnibus probis hominibus suis ad 
quos presentes litere peruenirent salutem [Here is engrossed Com- 
mission in Latin appointing Gilbert Mengzes of Cowlie, Mr. George 
Middleton and Mr. Gilbert Bissat of Pitmuckstone or any of them 
Baillies of the Regality of Saint Andrews for the purpose of Lord 
Huntly's service. Dated at Edinburgh I7th January 1575-6.] 

CURIA Balliuatus regalitatis Sanctiandree [18 February 1575-6 
before Mr. George Myddiltoun sitting in terms of foregoing 
commission.] 

The said day the bailzie forsaid acceptit the commissioune derect furtht 
off our Soueran Lordis Chancellarie in and upoun him and wes suorne to 
that effect in jugement and causit the court be fensit of new in his name 

287 



Aberdeenshire Sheriff Court: 

ratefeit and apprevit the memberis of court creat the sext day of Februar 
last lik as in the act registrat in the Bailzie Court buikis off Abirdein is 
contenit Upoun the quhilk Maister William Dauidsoune procuratour 
for ane nobill and potent lord George Erie of Huntlie Lord Gordoun 
and Baidzenocht tuik act of court and instrument 

CURIA Balliuatus regalitatis Sanctiandree [27 February 1575-6 
before Messrs George Myddiltoun and Gilbert Bissat sitting in 
terms of foregoing commission] 

HEC Inquisitio legittime facta fuit in pretorio burgi de Abirden [date and 
sederunt as above] per subscriptos inquisitores [as in Table of Contents 
p. 237 supra] Qui jurati dicunt magno sacramento interueniente quod 

quondam Georgius Comes de Huntlie pater nunc Georgii 

Comitis de Huntlie Obiit ultimo vestitus et sasitus ut de 

feodo ad pacem et fide,m Marie matris Serenissimi domini nostri regis 
tune pro tempore regine Scotie in totis integris terris villis molendinis 
brasinis croftis officio balliuatus pendiculis et pertinentis subtus specficatis 
viz [description as in petition supra p. 286 followed by usual finding of 
propinquity] Et quod dicte terre molendina brasina crofte balliuatus 
officium dictarum barroniarum de Keig et Monymusk ac singularum 
terrarum et pendicularum suprascriptarum cum earundem pendiculis et 
pertinentis valent nunc per annum ducentis octuaginta septemdecim libris 
vj s octo denariis usualis monete regni Scotie et tantum valuerunt tempore 
pacis annuatim Et quod tenentur immediate in capite de Archiepiscopo 
Sanctiandree et suis successoribus in feodifirma et hereditate Et quod 
fucrunt prout de present! extant in manibus Archiepiscopi Sanctiandree 
superioris earundem et eiusdem loci tenentis per spacium undecim 
mensium aut eocirca ultime elapsorum ratione non introitus (exceptis 
terris de Fyngzeaucht cum molendino eiusdem pendiculis et pertinentis 
Quequidem terre de Fyngzeaucht cum molendino fuerint in manibus dicti 
Archiepiscopi domini superioris earundem et sui loci tenentis per spacium 
septem mensium aut eocirca ultime preteritorum ratione non introitus) 
particularibus infeofamentis super iisdem factis per dictum superiorem 
ante dicta spacia undecim et septem mensium respectiue minime reductus 
in dcfectu ipsius Georgii Comitis de Huntlie veri heredis earumdem jus 
suum hucusque minime prosequentis Datum et Clausum etc 

Dispensation for Service in Aberdeen of John Leslie of Balquhain to 
Subjects in Inverness-shire 7 July 1576 

Followis the tennour of our Soueran lordis Letters of Dispensatione 
with the place 

JAMES be the grace of God King of Scottis To our Shreffis of Inuernes 

288 



Diet Books: Vol. EL, Dispensation 

and his depuittis and to the personis quhilkis sal hapin to be upoune the 
inqueist in serving of the breives undir writtine greting Forsameikill as 
our louit Johnne Leslie off Balquhane hes rasit breives of inqueist of our 
cheppall direct to yow our said Shreff of Inuernes and your depuittis to 
be seruit befoir yow as narrest and lauchtfull air to umquhill William 
Leslie off Balquhane his father off certan landis millis fischingis and 
utheris Hand within our said Shrefdome of Inuernes Togidder with the 
office of Constabillarie and keiping of the hous in the Channonrie of Ross 
pertening to the Bischope thairoff QUHILK breiff is proclamit to be 
seruit befoir yow in the Tolbuytht of Abirdeine be dispensatioun of the 
place the sevint day of Julij nixtocum And gif ony partie or persoune 
will compeir and obiect aganis the seruice of the saidis breives be produc- 
tioun of ony allegit horning aganis the said umquhill William Leslie or 
aganis the said Johnne persewar of the saidis breivis sua that the said 
inqueist may nocht full the said breive (quod dictus Villelmus obiit ad 
pacem et fidem nostram) OURE WILL is heirfoir and we with awyis and 
consent of our darrest cousing James Erie of Mortoune Lord Dalkeytht 
regent to us our realme and lieges chargis yow straillie and commandis 
that incontinent thir our letters seine ye our said Shreff your depuittis and 
personis of inqueist forsaidis proceid to the serving of the said Johnnes 
breives and clame giffin in thairupoun and serve the samyn Nochtwith- 
standing ony letters off allegit horning to be producit or allegit aganis the 
said umquhill Wm or Johnne for stopping thairoff and full the said breve 
in that poynt (quod obiit ad fidem et pacem nostram) as said is nocht- 
withstanding the said allegit horning And will and grantis that ye nor 
the personis off inqueist forsaidis quha sal happin to pas upoun the said 
seruice sail thairthrow incur no danger of wilfull errour nor ignorant errour 
nor yit ony hurt nor danger thairthrow in thair personis landis or guidis 
in ony wayis nochtwithstanding ony lawis actis or statutis maid in the 
contrar Anentis the quhilks we with aduyiss forsaid dispenssis witht 

yow for evir Subscriuit be our said darrest regent and 

undir our signet At Colbrandspeth the fyivteine day of Junij and off our 
regnne the nynt yeir 1576 Sic subscribitur James Regent 



Dispensation for holding a Court in harvest vacation 

(Entered 31 August 1576) 

JAMES be the graice of God King of Scottis To our louittis Andrew 
Laird messinger, Our Shreffis in that pairt coniunctlie and seuerallie 
speciallie constitute greting Forsamekle as it is humelie menit and 
schawin to us be our louitt Johne Straquhin sone and apperand air to 
umquhill Williame Straquhin of Tibbertie That quhair he hes raisit 

oo 289 



Aberdeenshire Sheriff Court: 

breiffs of our Cheppell to be servit as narrest and lauchfuil air to his said 
umquhill fathir befoir our Shreff of Abirdene and his deputtis to all 
landis and anvelrentis in the quhilkis his said umquhill fathir deit last 
vestit and seasit as of fee Hand within our said Shrefdome And becaus 
of the feriat and cloiss tyme of harvest approching our said Shreff and 
his deputiis will not proceid to the serving of his said breiffis without our 
saidis lordis of counsall dispence with thame to that effect And it is of 
veritie thar wil be na hervest befoir the first day of September nixtocum 
Oure will is heirfor and we charge yow straitlie and commandis that 
incontinent this our letters sene ye pas and in oure name and auctoritie 
command and charge our said Shreff of Abirdene and his deputtis to 
fens said court and proceid to the service of the said compleneris breiffis 
nochtwithstanding the feriat and cloiss tyme of harvest approchand anent 
the quhilkis the saidis lordis of our counsall will dispenss with thame be 
thir our letters unto the said first day of September nixtocum according 

to Justice &ca &c Gevin under our signet at Edinburght 

the xxviij day of July and of our regne the nynt yeir 1576 yeiris. 



Revocation of Deeds granted in Minority 

(9 June 1574) 

The said day compeirit personaly in jugement Issobell Murray 
dochter naturall and lauchtfull to umquhill Maister Gilbert Murray 1 
burges of Abirdeine nov spous to Williame Bruce 2 burges of the said 
burght and thairout of the presens of hir said spous renuncit reuockit 
and be thir presentis renuncis [and] reuockis all actis contractis 
obligationis instrumentis vrittis and documentis quhatsumeuir maid be 
me or witht consent of quhatsumeuir my tutouris and curatouris to quhat- 
sumeuir persoun or personis of quhatsumeuir landis watteris fischingiss 
annuelrentis guidis or quhatsumeuir in my minoritie and preceiding the 
dait heirof except the landis resignit be me in the bailleis handis of 
Abirdeine in the favours of me and the said Williame my husband and 
the airis gottin betuix us conforme to the infeftment maid thairupoune 
and hes suorne the gryit aytht that scho is nocht compellit nor coakit 
heirto bot of hir avin frie motiue will 

1 Admitted burgess 20 April, 1551, Misc. of Club, I. p. 63. Defender in a Spuilzie, supra 
P- H3- 

2 Admitted burgess 8 March, 1566-7, Misc. of Club, I. p. 68. Sheriff Clerk Depute, supra 
p. 192. 

3 Previous reference to the family of Murray seem to suggest a connection with Ruthrieston 
and fishings in that neighbourhood, supra pp. 35, 79. 

290 



Diet Books: Vol. EL, Miscellaneous 

Sedcrunt of a Head Court and List of Absent Barons 

Curia Capitalis vicecomitatus de Abirdene tenta in pretorio 
eiusdem secundo die mensis Octobris anno Domini millesimo 
quingentesimo septuagesimo sexto per honorabiles viros 
Adamum Gordoun de Auchindoun Georgium Gordoun por- 
tionarium de Kindrocht Magistrum Gilbertum Bisset de 
Petmuxtoun vicecomites deputatos dicti vicecomitatus con- 
iunctim et diuisim [etc] 

Nomina absentium 

Dns de Erroll D.p.ets. 

D de Elphingston D.p.ets. 

Archiepiscopus Sancti Andre 

D.p.ets. 

Episcopus Abirdonensis 
Episcopus Sancti Andre 
Abbas de Arbroith 
Abbas de Deir 
Prior de Monymusk 
Minister Sancti Trinitatis 
Rector de Kincardin 



D.p.ets. 

D.p.ets. 

D.p.ets. 

D.p.ets. 

D.p.ets. 

D.p. 

D.p. 

D.p. 

D.p.s. 

D.p. 

D.p.s. 

D.p. 

D.p. 



D de Phillorth 

D de Feddrett 

D de Boquhollie 

D de Tuchis Innes 

D de Udny 

D de Balnacrag 

D de Creicheis Innes 

Cheyne D.p.s. 

D de Erskene D.p.s. 

D de Borthuik D.s. 

D de Grandoun D.p.s. 

D de Schethin Petgownie 

Murcur D.p.s. 

de Sinclair D.p. 

de Peirk de Cremound D.p.et.s. 



D 
D 
D 
D 



de Auden D.p.s. 

de Scheves Gordoun D.p.s. 
Alexander Dunbar pro 
terris de Conze et 
Petfounsie D.p.s. 



D 


de Delgatie 


D.p. 


D 


de Frendraucht 


D.p.s. 


D 


de Stanevod 


D.p.s. 


D 


de Beltie Fraser 


D.p.s. 


D 


de Auchinhuiff 




D 


de Cultir 


D.p. 


D 


de Drum 


D.p. 


D 


de Cushny Gordoun 


D.p.s 


D 


de Kennertie 


D.p.s 


D 


de Carntralzean 


D.p.s 


D 


de Cultis on Deesyid 


D.p. 


D 


de Balmad 


D.p.s. 


D 


de Petfour 


D.p.s. 


D 


de Auchtirarne Gor- 






doun 


D.p.s. 


D 


de Lumphannand 


D.p.s. 


D 


de Ruthvenis 


D.p.s. 


D 


de Innererrnand 


D.p.s. 


D 


de Glenkindie 


D.p. 


D 


de Lenturk 


D.p. 


D 


de Halheid 




D 


de Rothibirsbane 






Innes Stewart 


D.p.s. 


D 


de Kynaudie 


D.p.s. 


D 


de Glencuthill 


D.p.s. 


D 


de Petmedden 


D.p.s. 


D 


de Leslie 


D.p.s. 


D 


de Petcapill 


D.p.s. 


D 


de Balhaggirtie 


D.p. 


D 


de Auchlevin Ogilbie 






Leyth 


D.p. 



291 



Aberdeenshire Sheriff Court 



D de Mekill Drumquhen- 

dill D.p.s. 

D de Dunbrek D.p.s. 

D de Udaucht Copland D.p.s. 

Portionarii de Moncuffer D.p.s. 

D de Litill Folay D.p.s. 

D de Litill Drumquhen- 

dill D.p.s. 

D de Brodland Rattray D.p.s. 

D de Vausbirness D.p.s. 

D de Many D.p.s. 

D de Curtestoun D.p.s. 

D de Fingask D.p.s. 



D de Ardoyne Leyth 

Ogilbie D.p.et.s. 

D de Blakhall D.p.s. 

D de Towie D.p.s. 

D de Monycabok D.p.s. 

D de Ardgrayn D.p. 
D de Drumblait Hali- 

burtoun D.p.s. 

D de Cragisfintray D.p.et.s. 

D de Forrest de Kintor D.p.s. 

D de Balhalwie D.p.s. 

D de Rattray D.p.s. 



292 



The Diet Books: Vol. IV., June to November 1584 

This volume is in every respect a contrast to the one last noticed. 
Instead of being a careful transcript it would rather seem to be part of the 
original Court Book for the time. It is not complete, a portion of it at the 
beginning being avvanting, as well as pages here and there through the 
volume. The penmanship is hasty and many deletions and marginal 
additions occur. The contents are various but not dissimilar to those in 
the preceding volume. Besides Decrees, chiefly of removing, there are 
the ordinary formal interlocutors, some advocations, two or three services, 
the Michaelmas Head Court and various miscellaneous matter including 
some acts of caution for persons accused of crime. 

Allusion has already been made to the scribbling on the fly leaves of 
some of these old volumes and there is here reproduced an example from 
the volume presently under notice. The last leaf contains on one side 
a Decree of Removing at the instance of Johne Gordon of Glascoforrest 
against David Lamb in Langmanswalls in Rothienormound and on the 
other side, although not in the same handwriting, the following quaint 
and touching lines regarding what those who are skilled in folk-lore tell 
us was an old Valentine Eve custom. The authorship, the Editor has 
not succeeded in tracing. 

O fairest fair my lowe giue I durst say 

My mynd to you I will mak manifest 

Young men and maidis did cum to sporte and play 

On Walantine ewin and so amang the rest 

They gaue command that ane suld tak in haist 

Bayth pen and ink and for to put in wreit 

Sick sacred namis as ilk man pleissit best 

On lyttill peace off pleass 1 and paper quhyit 

Your sacred name in quhome I tak delyit 

Amonges the lawe was wreitin in that place 

Syne put togidder in maner most perfyit 

I Presumably plaits or folds. 
293 



Aberdeenshire Sheriff Court 

Ilk ane to drav as God pleissit of his grace 
Than gracious God quha did behald my face 
Micht ken be it I was opprest with feir 
And thocht my selff into ane langsum caice 
Giff so haide chanssed that I haid lossit my deir 
Yit gracious God did so for me prowyid 
To drawe sweit you I wiss to be my bryid 



294 



Table of Contents of Vol. IV. of Diet Books 



Date. Nature of Entry. 

1584. Removing, Action of. 
June. 



Removing, Decree of. 



Removing, Decree of. 



19. Removing, Decree of. 



Removing, Decree of. 



Parties. 

John Mortimer and his 
curators v. John Lesly. 



John Lumisden of Cushnie 
v. Mr. Robt. Lumisden 
of Tullecarne eldest son 
and heir of umquhill Mr. 
Mathew Lumisden of 
Tullecarne and Meriore 
Dunbar wife of John 
Lumisden and others 
principal tenants, and 
their sub-tenants, Anna- 
bell Forbes, widow and 
executrixof Mr. Matthew 
Lumisden, John Law, 
Alexr. Lundic and James 
Reid. 

Alexr. Seytoun of Meldrum 
v. William Chassour. 



Thomas Meldrum of Com- 
malynes and Pettie v. 
Elspet Wilsone widow 
of John Meldrum and 
wife of Harie Gordoun 
and William Duncan. 



Wm. Lesly burgess of 
Inverury v. John John- 
stoun burgess thereof. 



295 



Subject or Res Gestae. 

Protestation by Mr. George 
Barclay , Procurator Fiscal on 
behalf of the Crown that he 
ought to have been called. 
The case referred to the 
Lands of Auchquorties. 

East and West halves of the 
Mill of Fowlis Movat, Mil- 
lands, multures, &c. Also 
the Mill Croft and Ailhouse 
Croft of the same in the 
Barony of Cushnie. Instru- 
ment of Sasine produced 
dated 20 June 1579 under 
the hnd of Mr. James 
Forbes Notary Public. 



Mill of Balcarne in the Barony 
of Meldrum. Instrument of 
Possession produced dated 
17 July 1577. Notary Mr. 
John Balgray. 

Duncan did not appear and 
was ordained to remove from 
the lands of Pettie. Harie 
Gordoun appeared and for 
his wife, her son Thomas 
and himself agreed to re- 
move. The Pursuer's title 
was a lease from his mother 
Dame Jane Gordoun, lady 
of Fyvie, liferentrix of the 
lands dated 28 Octr. 1569. 
Instrument of Sasine dated 
23 February 1582. Notary 
Alex. Vatsone. 

Ground called "The Stanner- 
is of Innerowry." Sasine 22 
Deer. 1575. Notary James 
Johnstoun. 



Aberdeenshire Sheriff Court : 



Date. 



Nature of Entry. 



Parties. 



Subject or Res Gestae. 



1584. 
June 20. 



Removing, Action of. 



Margaret Lesly and Alexr. 
Abircromby her husband 
v. Hectour Davidsone, 
Andrew Mortimer and 
George Sangsterandalso 
James Leslie of Ardoyne 
who appeared for his 
interest. 



The lands are not mentioned. 
For the pursuers were pro- 
duced a Charter with Sasine 
dated 22 Septr. 1565 and 
also Crown confirmation of 
date 10 March 1582. On 
the other hand the laird of 
Ardoyne produced a Sasine 
of the lands libelled (no 
name given) of which the 
date, according to the 
pursuers' contention was 
"obscurit." The case was 
continued to June 27 for 
defences but no entry is 
found on that date, but it 
was on June 29 continued to 
Lammas. 



Submission. 



Andrew Lesly in Bal- A question about removing 
haggartie and Agnes from Tempilland of Harlaw 
his 



Lesly his wife and 
William Donald in 
Tempilland of Harlaw 
to Duncan Lesly of 
Pitcaple and Mr. Robt. 
Lesly of Auld craig. 



is here judicially referred. 



Removing, Decree of. 



John Seytoun of Auch- 
inhuiff, liferenter and 
George Seytoun his sone 
fear v. Patrik Shreff and 
Christane Shreff. 



Four oxingang lands of Bade- 
fasche. Sasine 19 Novr. 
1575. Notary Sir David 
Seytoun. 



Removing, Decree of. 



George Meldrum son and 
apparent heir to Andrew 
Meldrum of Drumbrek 
v. John Meldrum in 
Smyddyburne, Agnes 
Fuddes and Wm. Pater- 
sone her husband, John 
Lamb and Wm. Lamb 
and Margaret Swyntoun 
widow of John Hart. 



Parts of the Toun and lands 
of Mekill Folay alias Folly- 
roull. Also the Ailhous and 
Ailhous croft of Kirktoun of 
Culsalmond. Sasine dated 
igjany. 1582. Notary Mr. 
Gilbert Ross. 



Removing, Decree of. 



William Pantoun of Loch- 
tullocht v. Meriore 
Mellat widow of James 
Jamesone. 



296 



Toun and lands of Loch- 
tullocht in the Parish of 
Monkegy. Charter by John 
Pantoun of Petmedden 
dated 20 Jany. 1573 and 
Instrument of Sasine dated 
6 Feby. same year. Notary 
Sir David Seytoun. 



Diet Books: Vol. IV., Contents 



1584. 

June 20. 



Date, Nature of Entry. 

Procuratory. 

Protestation. 
Removing, Action of. 

22. Removing, Action of. 
Removing, Decree of. 

Removing, Decree of. 
Removing, Action of. 



23. Diligence to recover Sheriff Gilbert 
Court Books. 



Judicial Tender. 



Subject or Res Gestae. 

Mr. George Berclay and re- 
manent procurators of Court 
appointed by Davidson to 
act as his procurators. 

Defenders protest for expenses 
in respect they had been 
summoned and not called. 

The toun and lands of Syd. 
Sasine dated 27 May 1578. 
Notary Hew Hervy. 



Instrument of Sasine of Lands 
of Cremondmogat produced 
dated 5 June 1565. Notary 
Gilbert Kello. 

Crofts at Drumquhaill alias 
Corss lying in the Lordschip 
of Strabogy alias Huntlie. 
Sasine 13 Augt. 1583. 
Notary William Frost. 

Four oxingang of the lands of 
KirktounofRayne. Sasine 
3 Feby. 1580. Notary Mr. 
Andrew Thomsone. 

Pursuer produced assedation 
by Gilbert Gray of Sheves 
dated 17 April 1579 and 
Instrument of Sasine dated 
(?) 16 April same year. 
Notary Mr. Alexr. Barroun. 

An action of Transferring in 
which Defender was granted 
a diligence to recover the 
Sheriff Court Books from 
John Lesly of Balquhane. 
Besides Balquhane Mr. Gil- 
bert Bissat and Elizabeth 
Forbes the widow of Wm. 
Bruce were called. Bissat 
appeared and denied having 
the books. 



Gilbert and James Gallo- The Galloways tender their 

way v. Executors of farm victuall as specified in 

Michael Ogiluy of Lang- some previous Act of Court, 
muir. 



Parties. 
Ilectour Dauidsone. 



Mr. Thomas Lesly v. 
Andrew Murdo and 
Alexr. Miln. 

Mr. Alexr. Lesly in the 
Syd . Wm. Crukschank, 
Symon Layng, Wm. 
Andersoun and Jas. 
Andersoun all in Syd. 

Wm. Hay of Cremond- 
mogat v. Andrew Smyth. 



Adam Skynnar v. David 
Clerk, William Rany and 
John Dalloquhy. 



James Gordoun of Tulle- 
angous and another v. 
James Crukschank and 
James Arbuthnot. 

Mr. John Gray of Kilma- 
phillay v. Wm. Vatsone 
in Kilmaphilly. 



Blak 



- - freman of 

Abirdene v. Rol>ert 
Philp in Newburgh. 



PP 



297 



Aberdeenshire Sheriff Court: 



Date. Nature of Entry. 

1584. Order of Court. 
June 23. 



Parties. 
James Lesly. 



Subject or A'es Gestae. 

Lesly to be charged to make 
exhibition of the Sheriff 
Court Books. 



Removing, Decree of. 



Removing, Consent to 



Removing, Decree of. 



Patrick Movat of Bol- 
quholly v. John Gray, 
Donald Perie, John 
Murray, John Luffy and 
David Andersone. 



Alexr. Irving of Beltie v. 
John Cushny younger 
in Torphinnis. 



Patrick Cheyne of Essil- 
month v. Meriore 
Mitchell and John 
Patrie her guidsone. 



Gray produced a lease. Perie 
appeared and found caution 
for violent profits (John 
Gordoun of Carnburrow 
being cautioner) while de- 
cree passed against the others 
in respect of their neither 
producing title nor finding 
caution. Andersonereserved 
action against Mr. Andrew 
Mowat, the Bailzie to the 
Laird of Bolquholly. 

The Defender appeared and 
granted him lawfully re- 
moved from four oxingang 
of Torphinnis. 

The defenders alleged a year's 
tack still to run and referred 
to the Pursuer's oath, who 
being present and sworn, 
denied their averment and 
obtained decree. 



Eviction, Action of. 



Margaret Chalmer widow 
of Patrick Forbes in 
Carnehill and Wm. Vat- 
sone her present husband 
v. Mr. Alexr. Forbes in 
Carnehill. 



Defences lodged and case 
continued to ' ' Lammes 
Evin " for answers. 



Removing, Action of. 



Alexr. Seytounof Meldrum 
v. William King in 
Frosterhill. 



Continuation of consent to the 
following day, but no entry 
is found then. 



Rent, Action for. John Gordoun of Cam- Produced for Pursuer Sasine 

burrow v. Thomas of the lands of Polquhyt 

Schand, Andrew Schand dated 30 January 1580. 

and their colleagues. Notary Wm. Abircrummy. 



Removing, Action of. 



George Meldrum of Fyvie Diligence to summon witnesses 

v. Robert Meldrum in vizt. Alexr. Meldrum of 

Cowhill. Bogheidis.Thomas Meldrum 

at the Miln of Knokleyth, 

John Meldrum at Miln of 

Tulleilt, Sir John Wilsone, 

John Milne in Dunlugous 

and James Innes in Duneis. 

298 



Diet Books: Vol. IV., Contents 



Date. Nature of Entry. 

1584. Spuilzie, Action of. 
June 23. 



Breach of Arrestment, 
Action of. 



Nature of Action not 
stated. 



Spuilzie, Action of. 



Removing, Action of. 



Removing, Action of. 



Spuilzie, Action of. 



Parties. 

Mr. Thomas Menzeis of 
Durne v. George and 
John Herwyis in Bog- 
hoill. 



The same v. The same. 



Margaret Burnet and 
George Forbes her 
husband v. Win. Forbes 
in Kapilhill and Mar- 
garet Leisk his wife. 

Wm. Moir in Tullequhortie 
v. Robert Keyth in New- 
burgh. 

James Innes in Westertoun 
v. Andrew Essilmont, 
Andrew Cheves, James 
Pettindreych tenants of 
Perskow and Mr. Robt. 
Lumisden of Clovayth 
for his interest. 

Patk. MowatofBalquholly 
v. Thomas Persone.Wm. 
Craig of Craigisfintray 
his warrant and Alexr. 
Irvine of Drum for his 
interest. 

Allaster Tailzour v. Robert 
Williame. 



Subject or Res Gestae. 

Diligence against witnesses, 
some in Sheriff's jurisdiction 
and some in the Commissa- 
ry's, but the witnesses in the 
latter are not designed. 
Among witnesses in Sheriff's 
precept wereAndrew Herwy 
of Boyndis, Mr. George 
Herwy his brother, James 
Kempty in Mameulay and 
Andrew Thomsone and 
Vatsone at the Brig of 
Doyne. 

Mr. Menzeis stated that for 
14 days before and 14 days 
after the execution of the 
loosing of arrestment he and 
his family were not resident 
in Aberdeen but at Durne. 

Defences produced and case 
continued to June 28 for 
answers, but no entry found 
on that day. 

The diet for the Pursuer " to 
say contra producta pro- 
ducit " by the defender con- 
tinued to 29 June. 

The 29 June assigned to the 
pursuer to answer the de- 
fences. 



Defences produced and con- 
tinued to 29 June for replies. 



299 



Subject matter not disclosed. 
The Sheriff with consent of 
the procurators continued 
the case until Lammas 
Evening " in hoip of freindly 
dres and concord " and it 
was stated that "thesaidis 
parteis hes ressauit for 
agreing of the said caus 
Andro Vatsone Allaster 
Mackwilliame Johne Moran 
and George Joiffray." 



Aberdeenshire Sheriff Court : 



Dale. Nature of Entry. 

1584. Removing, Action of. 
June 23. 



Eviction, Action of. 



Removing, Action of. 



Removing, Action of. 



Cause of Bastardrie. 



Removing, Decree of. 



Removing, Decree of. 
Removing, Decree of. 

Removing, Decree of. 



Parties. 

Wm. Meldrum of Baddin- 
skoth v. James Lessell. 



Wm. Leslie in Over Dym- 
moyiss v. Wm. Cruik- 
shank portioner of Wart- 
hill. 

Alexr. Jamesone in Kirk- 
toun of Skyne v. Nicolas 
Galloway, David Aikin 
and Wm. Jamesone. 

George Johnstoun of that 
ilk v. John Steill and 
Andrew Malingside. 



My Lord Shreff v. Donald 
Williamsone spouse to 
umquhill Barbara Slot in 
Keirthyn in the Barony 
of Bolquholly. 



Mr. Robert Lumisden of 
Clowayth v. John Sklait. 



Alexander Murray of 
Cowbairdy v. William 
Gordoun. 

William Leyth apparent 
of Mongarie v. John 
Mathewsone, Patk. 
Elmslie, Alexr. Duncan- 
soneand David Cleirhew. 



Cristane Fraser, Lady 
Kedderit v. William 
Crafurd, John Gerad, 
and Katherine Gerad 
widow of Alexr. Bethe. 



300 



Subject or Res Geslae. 

The pursuer "past fra the 
instance of the said caus pro 
loco et tempore," the de- 
fender having produced a 
lease for a year. 

A diet of proof. 



Andrew Symmer "baxter 
freman" of Aberdeen became 
cautioner for the violent 
profits until Monday next. 

Case continued until "Thuris- 
day" next that defenders 
might find caution. On June 
29 decree was pronounced. 

The Procurator Fiscal Mr. 
George Barclay appeared 
and in absence of the de- 
fender the action was ad- 
mitted to the pursuer's 
probation. 

The sunny half lands of West- 
field, Balgowny, of which 
pursuer had a lease from 
William Auchinlek of Sche- 
thin in liferent. Sasine 
dated 1 3 Deer. 155 . Notary 
Mr. Thomas Fynne. 

Four oxingang of the Schadow 
pleuch of Auchmull, Parish 
of Kynnoir. 

Each defender removed from 
four oxingang of the Toun 
and lands of Fowslie in the 
Parish of Tullienessill. 
Sasine 31 May 1557- 
Notary John Straquhin. 

Parts of the Lands of Irnsyde 
and Walkmyln of Irnsyde in 
the Barony of Fedderit of 
which the pursuer was life- 
rentrix. Sasine 4 March 
1582. Notary Mr. Andrew- 
Clerk. 



Diet Books: Vol. IV., Contents 



Date. 

1584. 
June 23. 



Nature of Entry. 
Wakening, Summons of. 



Advocation. 



Removing, Decree of. 



Parties. 

Robert Cheyne at the Miln 
of Auchry v. Duncan 
Forbes of Byth. 



John Straquhyn in Finersie 
and Mr. John Cheyne 
of Fortrie his "doar" 
v. Alexr. VodofColpno. 

George Gordoun of Les- 
moir v. William Perie 
and others. 



Cognition and Removing, 
Actions of. 



Cognition, Action of, ad- 
vocated. 



24. Removing, Decree of. 



(1) Paull Menzeis and 
Curators. 

(2) Mr. Thos. Menzeis of 
Durne v. Wm. Menzeis 
burgess of Abd. taking 
burden on him for Wm. 
Seytoun in Kingisseit. 

(3) Wm. Menzeis v. Mr. 
Thomas Menzeis. 

Wm. Menzeis of Ferrehill 
v. Mr. Gilbert Bissat of 
Petmukstoun. 



Subject or Res Gestae. 

The principal cause was one 
regarding Mill Multures 
which it was desired should 
be awakened and proceeded 
with where it left off. 

The subject of the action does 
not appear and there is an 
unfilled blank for the letters 
of advocation. 

The tenants removed occupied 
parts of Gorachie, Balmad, 
Craigheid and Morless in 
the parish of Kynedward. 

The first and third were 
Actions of Cognition and 
the second an Action of 
Removing. All three were 
continued to " Lammes 
Ewin." 



This diet had been assigned to 
Mr. Bissat to produce his 
defences in writing ; but 
letters of Advocation were 
produced instead, and the 
case stopped in the Sheriff 
Court. The letters are en- 
grossed in the Diet Book. 

John Strachin of Thorn- Part of toune and lands of 
toun v. Andrew Gor- Innoquhy callit the Miln 
doun. Croft in the Parish of Birss. 

Sasine 20 Jany. 1567. 

Notary Robert Wilsone. 



Revocation of 
Minority. 



Deeds in Alexr. Lesly son to um- 
quhill Andrew Lesly 
Younger of Balquharne. 



25. Obligation. 



Mr. Robert Gardin of 
Ballemoir to Patrick 
Gordoun of Lettirfowry. 

301 



There is a general revocation 
here ; but also a special re- 
vocation of ' ' ane assedatioun 
maid to Mr. Thomas Lesly 
burges of Abirdene of ane 
half net of the raik on the 
Walter of Dee" and "ane 
assedatioun maid to Alex. 
Burnet of the lands of 
Balquharne." 

Acknowledgment by Gardin 
of the receipt of eight bolls 
of victual and obligation to 
pay price. 



Date. Nature of Entry. 



Aberdeenshire Sheriff Court: 

Parties. Subject or Res Gestae. 



1584. Removing, Decree of. 
June 25. 



Wm. Turing of Fouerne 
v. Wm. Oudnye of that 
Ilk and a large number 
of tenants. 



Various occupations called 
Tullefour, Gregisfardo, parts 
of Mains of Foveran called 
Newtyill, Ailhous Croft at 
the Kirk of Foveran and 
Mill of Foveran. 



27. Removing, Action of. 
(Sufra -p. 297.) 



Wm. Hay of Cremond- The defender offered William 
mogat v. Andrew Smyth Urquhart in Memsy as 
in Milnboig. cautioner for the violence 

against whose sufficiency 
the pursuer objected and 
protested that he would hold 
the Sheriff personally liable 
if he accepted him. Not- 
withstanding the Sheriff 
accepted the cautioner. 



29. Removing, Action of. 



Mr. John Gray v. Wm. James Watsone in Newtoun of 
Watsone in Kilmaphilly. Sheves is cautioner for the 
violent profits in case of 
eviction. 



Removing, Decree of. 



Alexr. Knowis elder Bur- The lands of Coardo and Slowy 
gesof Abirdenez". David in the Barony of Kincardin. 
Sasine 20 Augt. 1551. 
Notary Sir David Setoun. 



Ross, Andrew Aidy, 
Andrew Ross, Wm. 
Phillen and Wm. Tail- 
zour. 



Removing, Decree of. 



Wm. Seytoun of Blair v. Various holdings of Rothnay 
Alexr. Roger, Thomas in the Parish of Premnay 
Mair, Andrew Byth, 



, Andrew _, ._, 

Alexr. Miln, Wm. Sen- 
gzeour, David Stevin, 
Robert and John 
Stevines. 



and Regality of Gareauch. 

Sasine dated 

Notary Umquhill William 

Bruce. 



Removing, Decree of. Margaret Movat liferentrix Various portions of the Lands 



v. Thomas Cardno, Gil- 
bert Crafurd, Andrew 
Symsone, Thomas Cra- 
furd and Alexr. Crafurd. 



of Auchquhaith in the 
Barony of Fedderet. 



Removing, Decree of. Henrie Pantoun of Craig Crawhillok croift of Craig of 



v. Gilbert Hay and 
Katherine Pantoun. 



Allathyne in the parish of 
Ellon. Sasine 23 Septr. 
1578. Notary John Dauid- 
sone. 



302 



Diet Books: Vol. IV., Contents 



Date. 



Nature of Entry. 



1584. Removing, Action of. 
July 4. (two entries). 



Removing, Action of. 



Parties. 

Jeane Keyth and Alexr. 
Hay now her spouse v. 
George Lesly, Alexr. 
Burnet, James Robert- 
sone, Alexr. Matthow- 
sone, Elspet Duthy, John 
Chrystie and John Lun- 
cart. 



Win. Keyth of Ludquharne 
v. Thomas Cok and 
Wm. Fraser. 



Subject or Res Gestae. 

The subjects from which re- 
moval was sought were 
Balquharne and Hilbray. 
The titles produced were 
(i) Instrument of Sasine of 
Balquharne dated 29 April 
1563 signed by Sir Wm. 
Thomsone Notary and (2) a 
lease of Hilbray granted by 
Alexr. Keyth with consent of 
the late Thomas Menreis of 
Petfoddellis and Elizabeth 
Forbes his spouse. There 
are characteristic pleadings 
here on behalf of Leslie and 
Burnet. 

Lands of Mossyid alias Lytill 
Coklo. Pursuer founded on 
a Sasine subscribed by Sir 
Wm. Chalmer Notary 
Public, but no date is given. 
The defenders asked time to 
produce their title from the 
laird of Craig whom they 
alleged to be "awner of the 
lands "libelled. 



Decree of Consent. 



and Mr. Paull Keyth in 
Findoun. 



Removing, Consent to. Patrick Leyth of Harthill Gall agrees to remove from 
v. David Gall. four oxingang in the Parish 

of Oyne. 

Removing and Payment, James Clerkjn Houssahill Clerk agrees to remove and 

Mr. Keyth comes under 
obligation to pay him 20 
marks before the 3 May 
following in respect thereof. 
The subjects were the lands 
of Claystyillis in the Barony 
of Auden and apparently 
belonged to the Earl 
Marischal. 

The principal action was one 
of removing between these 
parties which had fallen 
asleep. At a later stage 
competing titles were pro- 
duced by the Pursuers and 
Pantoun, but the end of the 
case is not reached in this 
volume. 



Wakening, Summons of. 



Dame Agnes Vod widow 
of John Lesly, Fear of 
Balquhane and wife of 
Sir Johne Carnegy v. 
John Gardin, Gilbert 
Chalmer & Robert Ewin 
all in Selbyand Merioree 
Mellat widow of James 
Jamesone in Loch- 
tullocht and John Pan- 
toun of Petmedden for 
his interest. 



33 



Abcrdeenshire Sheriff Court: 



Date. Nature of Entry. 

1584. Removing, Decree of. 
July 4. 



Removing, Decree of. 
Removing, Decree of. 
Removing, Decree of. 



6. Removing, Decree of. 



Removing, Decree of. 



II. Removing, Decree of. 



17. Removing, Decree of. 



Parties. Subject or Res Gestac. 

Sir Johne Carnegy of Kin- From their respective holdings 
ard Knyt v. Gilbert in the Barony of Fingzean 
Gardin in Dilsek and belonging to Pursuer situated 
Agnes Slot in Fingzean. in the parishes of Birss and 

Oboyne. Sasine 22 Febry. 

1576. 

Wm. Keyith of Ludquhairne Parts of Myirsyid in the Barony 
v. John Body and Wm. of Balmuir. 
Wantoness. 



George Earl Merschell v. 
fames Clerk and Gil- 
bert Fraser. 

Mr. Thomas Menzeis of 
Durne v. Tenants of 
Kynmondy. 



Bessie Forbes and John 
Lesly of the Law her 
spouse v. Wm. Ander- 



Mr. William Chalmer, 
ChalmerlaneofLendoris 
v. John Maters and Wm. 
Dempster alias Slugy 
tenants in Wastir Dis- 
blair. 

Gilbert Meinzes of Pet- 
foddellis v. Patrick Still. 



George Earl of Huntlie 
' ' Luftenent of the 
North " v. Tenants in 
Earldom of Huntlie. 



34 



Lands of Claystyillis in Barony 
of Auden. 



Parts of the Lands of Kyn- 
mondy within the "Schyir 
and Bishoprik" of Aberdeen 
liferented by Pursuer whose 
Sasine was dated 7 March 
1559. Notary Mr. John 
Kennedy. 

The female pursuer is designed 
as "lyjfrentar of the towne 
and lands of Insche." The 
defender was ordered to 
remove from four oxingang 
land in Crystis Kirk lying 
in the Regality of the 
Gareauch. 

The lands are described as in 
the " Paroche of Fintray 
and regality of Lendoris." 
Sasine 6 Novr. 1 583. Notary 
Mr. Robert Paip. 

' ' The sonne tua oxingang of 
the schadow half of the 
toun and lands of Gilcomes- 
toun. " Sasine 9 April 1575. 
Notary Mr. John Kennedy. 

A large number of tenants. 
The Decree bears that the 
Pursuer's Sasine was pro- 
duced but no date is given. 
One or two defenders vizt. 
John Gordoun of Bukie, 
Alexr. Murray of Cubardy 
and William Moir in Drum- 
quhaill appeared, to whom 
the Sheriff depute assigned 
Lammas to give in Defences 
and find caution for violent 
profits. In the case of all 
the other defenders decree 
in absence was pronounced. 



Diet Books: Vol. IV., Contents 



Date. 

1584. 
July 20. 



Nature of Entry. 
Removing, Decree of. 



25. Removing, Decree of. 



Spuilzie, Action of. 



Parties. 

James Gordone of Lastis 
v. John and Win. Roche. 



Robert, Commendator of 
Monymusk v. Patk. 
Ramsayand John Roray. 



31. Transferring, Action of. 



Removing, Decree of. 



Subject or Res Gestae. 

Parts of the lands of Inuer in 
the Parish of Monymusk. 
Sasine 19 February 1577. 
Notary Mr. Gilbert Ross. 

Part of the lands of Tilly- 
reauche called the Aylhous 
Seitt. Sasine 29 Novr. 
1582. Notary Mr. James 
Forbes. 



Mr. Thomas Cheyne of The action is styled one of 
Fortreez'. John Wyight. "violence spoliatione away- 
taking and distroying be 
eitting of horss nolt and 
scheip of the girss of 
the toune and lands of 
Fynnersie." In the absence 
of the defender proof was 
partly led. 



Action for Rents. 

(Entry not quite complete). 



Margaret Gordoun, Mistress Letters 
of Forbes and John, 
Master of Forbes her 
husband v. Mr. James 
Skene of Wastir Corss 
occupier of the lands of 
Kebaty. 



of Advocation 



QQ 



Gilbert Blak, fireman of 
Abdn. v. Robt. Philp 
in Newburgh. 

Dame Jeane Gordoun Lady 
Fyvie v. John Meldrum 
in Jakstoun, Alexr. 
Meldrum in Bogheids, 
Thomas Meldrum in 
Comalyne, VVrn. Abote 
in Mekill Gourdess, 
David Petrie thercjames 
Crintillie there, Elspet 
Sinclair widow of John 
Cowie there, Arthur 
Williamsoune there and 
James Duguid there. 

35 



pre- 
sented which raised the 
whole question of the ex- 
emption of the Forbes 
family and friends from the 
jurisdiction of Lord Huntlie 
the Sheriff. The relation- 
ship of the Pursuer who 
was Aunt of Lord Huntlie 
was also pleaded as an 
objection to him and con- 
sequently to his deputes. 
The validity of the Letters 
of Advocation was chal- 
lenged. 

Warrant to charge James 
Lesly burgess of Aberdeen 
to exhibit the "Shrefbuikis." 

Jakstoun, Bogheids, Coma- 
lyne, Mekill Gourdas, &c. , 
belonging to Pursuer in 
conjunct fee and liferent. 
Sasine 20 Febry. 1527. 
Notary Thomas Annand. 



Aberdeenshire Sheriff Court: 



Date. 

1584. 
July 31. 



Nature of Entry. 
Removing, Decree of. 



Cognition, Actions of. 



Parties. 

The same 11. Andrew 
Meldrum, Elspet Wil- 
soun, widow of John 
Meldrum and Thomas 
Meldrum his son and 
executor, John Greis, 
John Sinclar and John 
Cowie. 



Alexr. Fraser of Phillorthe 
v. Mr. Wm. Fraser of 
Techmurie et e contra. 



July 

or 

August 



Eviction and Violent pro- 
fits, Decree for. 
(Incomplete. Pageorpages 
missing.) 



Wm. Lesly in Dummoyis 
v. Wm. Cruikshank 
pottioner of Warthill. 



Rents, Decree for. 

(Snfra p. 305.) 



Mill Multures, Action of. 



Dame Jeane Gordoun, 
Lady of Fyvie v. Alexr. 
Meldrum in Bogheids 
and John Meldrum in 
Jakstoun. 



Subject or Res Gestae. 

Andrew Meldrum is styled 
"pretendit tennent keipar 
and froster of the perk wod 
of Fywie and als occupear 
of ane croft pertening to the 
office of frostership of the 
said perk wod." The other 
subjects were the corn mill 
of Pettie and the lands of 
Stanemanhill. 

From a number of entries here 
and elsewhere there would 
appear to have been several 
cross actions between these 
lairds in which Mr. Michael 
Fraser of Marno son of 
Techmurie, and one Alexr. 
Henderson, tacksman of the 
lands of Marno were also 
mixed up. Both parties 
appear to have obtained 
letters charging the Court to 
proceed in vacation and 
Techmurie had also pur- 
chased letters of Advocation. 
These were all presented 
and are engrossed in the 
Diet Book. 

An eighth part of the toun and 
lands of Nether Dymmois 
in the Barony of Drumblade. 
Pursuer's title said to be a 
tack from Sir George Hali- 
burton of Petcour Knyt. 
dated 12 Deer. 1578. 

The pursuer was conjunct fiar 
and liferentrix of these lands 
forming part of the Barony 
of Fyvie. 



Robert Cheyne at the Miln Duncan Forbes produced as 
of Auchray v. Duncan his title (i) Charter of 
Forbes of Baythe. Alienation of the lands of 

(?) Grilby as part of Abir- 
dour by annexation in the 
Barony of Borthik granted 
by William Borthyk of Abir- 
dour at Edinburgh on 18 
April 1567 and Sasine 
following thereon dated 28 
April 1567. Notary John 
Hucheon. 

306 



Diet Books: Vol. IV., Contents 

Date. Nature of Entry. Parties. 

Removing, Action of. 



1584. 

July 

or 

August 



Subject or Res Gestae. 



PatrikMowatofBoquhollie Lands of Brumhill. On the 
v. John Gray. footing that the tenant 

would then remove, the laird 
"of his awyne will and 
liberality grants liberty " to 
him to remain at the old 
rent until Whitsunday 1585. 



Removing, Decree of. 
(Supra p. 299.) 



Boquholly v. Thomas Part of lands of Balmalie in 

1'ersoun. the Parish of Turriff and 

Barony of Cragisfintray. 

Sasine 20 Febry. 1578. 

Notary Alexr. Watsoun. 



Protestation. 



Thomas Persoun, William 
Craig of Cragisfintray 
and Alexr. Irwing of 
Drum. 



Against the foregoing Decree 
of Removing. 



Removing, Decree of. 
(Supra 23 June p. 298.) 



Bolquholly v. Donald Part of the lands of Lyndrum. 

Pyrie. Sasine J Novr. 1564. 

' Notary Mr. Andrew Lesly. 



Nature of Action not stated. 



Archibald Dempster por- 
tioner of llalsywallis v. 
Dame Mary Fleming. 



The Sheriff found the execution 
of the citation of the witnesses 
to be unlawful, whereupon 
the Pursuer referred his case 
to the oaths of the Laird and 
Lady of Fyvie and Wednes- 
day after the " Heid Michel- 
mess Court " was fixed for 
their examination. 



Improbation, Action of. 



George Meldrum of Fivy 
and His Majesty the 
King by the Procurator 
Fiscal v. Archibald 
Dempster portioner of 
I lalsy wallis. 



The genuineness of certain 
citations in the foregoing 
case by Dempster against 
George Meldrum and Dame 
Mary Fleming had been 
questioned and these pro- 
ceedings followed. The 
action is said to be at the 
instance of George Meldrum 
"and at the instance off our 
Souerne Lord and Mr. 
George Barclay his M/ 
procuratour Phiscall." 



Removing, Action of. 



Wm. Meldrum of Badyn- 
scothe v. David Lambc 
in Boigs and Adam 
Blakwatter his warrant. 



Continued to the Michaelmas 
Head Court of consent. At 
that Court John Gordoun of 
Glascoforrest was admitted 
to defend for his interest. 



37 



Aberdeenshire Sheriff Court : 



Date. Nature of Entry. 

1 584. Rents, Decree for. 
July 
or 
August. 



Parties. 



Subject or Kes Gestae. 



Removing, Decree of. 
(Supra 17 July-) 



Removing, Action of. 



Removing, Action of. 
(Supra 23 June p. 298.) 



Cognition, Action of. 



Removing, Action of. 



Removing, Action of. 



James Kying, burgess of Rent of part of Tullimad in 



Aberdeen v. 
Glenny and 
Lydgerwod. 



Wm. 
Alexr. 



The Earl of Huntlic v. 
John Gordone of Buky 
Alexr. Murray of Cow- 
bardie and William 
Moir. 



The same v. Mr. Alexr. 
Slorache. 



Margaret Chalmer and 
William Watsone v. 
Wm. Craig of Cragis- 
fintray, James Chene 
and Thomas Meldrum. 



John Gordoune, apparent 
ofCarneburrow v. Alexr. 
Elphinstoun of lialna- 
glaik. 



Mr. Wm. Fraser of Tech- 
murie v. Wm. Byrny, 
George Colly and Alexr. 
Colly tenants of Ard- 
glassie. 

James Innes of Touchis v. 
Bessy Lyndrum and 
John Lowrence. 

308 



the Parish" of Ellon Crop 
1579. The prices of meal 
and Bear are 5 marks per 
boll. Dozen of Capons 3o/-. 
Dozen of Poultry 2O/-. At 
one stage of the proceedings 
(23 June) Andrew Hervy of 
Boynds had been admitted 
to defend for his interest. 

Gordone was ordained to re- 
move from half Ardlony 
and a plough of Notht. 
Murray from Auchmull and 
Moir from four oxingang of 
Drumquhalle. 

The subjects are not mentioned 
in the entry, which is merely 
an interlocutory one. 

The Pursuers produced an 
Instrument of Sasine of 
Caldwallis. A missive was 
produced by an alleged 
cautioner for the violent 
profits, which waschallenged 
as having been " laitly mayd 
within this hour without 
knaulege off the pairty. " 
This averment was referred 
to the oath of the person who 
produced the missive. 

The Pursuer produced a Sasine 
of " Eister and Wastir 
Innerbuchettis and landis 
of Ballardenemoir " in the 
Barony of Kyldrymmie dated 
10 Septr. 1572. John 
Strachauchin, Notary. 
Objections taken to the 
Sheriff depute and repelled 
by him. 

Sasine produced dated I July 
1547. Notary George Keith. 



Parts of the sunny plough of 
Touchis. Sasine 3 Febry. 
1547. Notary Wm. Johne- 
stoune. 



Diet Books: Vol. IV., Contents 



Date. 

1584. 

July 

or 

August. 



Nature of Entry. 
Removing, Action of. 



Parties. 

Mr. Duncan Dauidsoune 
persoun of Rathene v. 
Wm. Findlay. 



Removing, Decree of. 
(Incomplete.) 



Sept. 12. Consent to remove. 



(Page torn out here.) 

Sir John Wischart of Pet- 
tarot v. Tenants of 
Straythdie andBraymar. 



Subject or Res Gestae. 

Sunny half toune of Ardma- 
korne in the Parish of 
Rathene and Barony of 
Phillorth. Sasine dated 20 
April 1584. Notary Mr. 
Alexr. ;Bruce. Decree 

followed on 6 Octr. 



Octr. 6. 



Sasine 13 Febry. 1564. 
Notary James Nicolsoun. 
There is a dispensation from 
the Court of Session allow- 
ing proceedings in vacation, 
which is complete," dated 
I Aug. 1584. 

A Decree had been obtained 
against Stewart on 15 July 
of which there is no record 
in the Diet book from a 
plough of the Kirktoun of 
Birss of which the female 
pursuer was conjunct fiar. 
The Defender consents to 
remove reserving his right 
to reduce the Decree. 

The "crewell and unmerciful! 

striking and wounding of 
Alexr. Meldrum in Pet- 
blane." 

The "allegit strubling ol 
Alexr. Leslie in Petblane 
be striking hurting and 
wounding of his barnis and 
seruands." 

29. Assault, Act of Caution. James and William Dauid- Mure by his procurator Gil- 
bert Guthrie, Marchmont 
Herald, bound himself to 
enter accused for "the 
crewall hurting and bluid 
drawing of James Gourlay 
in Kindrocht." 

of A very Tull bench consisting 

of the Earl of Huntlie, 
Sheriff Principal, Sir Patrick 
Gordoun of Auchindoun, 
Mr. Thomas Gordoun of 
Kynardye, and Messrs. 
Walter Gordoun of Wasthall, 
and Thomas Mengzeis 
junior burgess of Aberdeen, 
all sitting " conjimctim et 
divisim." 
39 



18. Assault, Act of Caution. 



22. Assault, Act of Caution. 



Wm. Stewart in favor of 
Helene Gordoun, widow 
of John Stewart of Jial- 
four and Alexr. Gordoun 
now her spouse. 



Alexr. Leslie in Petblane 
accused. Wm. Leslie 
in Innerurye cautioner. 

Alexr. Meldrum in Pet- 
blane accused. Robert 
Urquhart burgess of 
Abd. cautioner. 



soun in Ythie accused. 
Wm. Mure cautioner. 



Head Court, List 
Absent Barons. 



Aberdeenshire Sheriff Court: 



Dale. 

1584. 
Octr. 6. 



Nature of Entry. 
Removing, Action of. 



Parties. 

Dame Elet (Elspeth) Gor- 
doun, Lady of Gycht v. 
John Cheyne in Wyn- 
diehills. 



Subject or Kes Gestae. 

The defender alleging a years 
lease, refers his defence to 
the pursuer's oath, which the 
Clerk of Court was appoin- 
ted to take. 



Brief for service. 



James Keyth son of Alexr. 
Keyth of Auchquorsk. 



Dispute between Elizabeth 
Menzeis the heir's tutrix, 
and Mr. Gilbert Keyth and 
his brother Andrew. 



List of Jury on following 
Inquest. 



James Jonstoun in Chepel- 

toun. 
James Maitland in Mon- 

latie. ' 

David Gordoun in Knaven. 
Robert Birnye in Braklaw. 
Alexr. Jonstoun in Tarwes. 
Wm. Chalmer in Coleyne. 
Andrew Strachin burgess 

of Abd. 

Thomas Meldrum in Eden. 
Wm. Cheyne in Tulligreig. 
James Duncan in Meldrum. 
Wm. Troupt in Beggishill. 
Wm. Gordoun of Craig. 
James Cultis burgess of 

Abd. 
Gilbert Duwye burgess 

there. 
Mr. Alex. Slorache in Art- 

laucht. 



Special Service. 



Mr. Robert Maitland, 
nephew of Mr. Robt. 
Maitland, Dean of Aber- 
deen. 



The town and lands of Mekill 
Auchzouche in the Barony 
of Fedderet. Old value 
2O/-. Present value 4. 
Held blench of John Fraser 
ofCreichie. The Dean died 
on 19 Aug. 1579. 



Transferring, Action of. 
(Supra pp. 297 & 305.) 



Gilbert Blak, Freman of Another reference to diligence 
Abd. v. Robert Philp in against James Leslie to 
Newburghe and another. exhibit the "Shref buiks. " 



Spuilzie, Action of. 
(Supra 23 June p. 299.) 



Allaster Tailzeour in the 
Mill of Innererane v. 
Robert Williame in the 
Kirktoun of Innernoch- 
tye. 



Action regarding the Spolia- 
tion of two mares. The 
defender admits liability and 
binds himself to pay "eftir 
the will of Jon Forbes of 
Polfluge" who epts the 
reference. 



310 



Diet Books: Vol. IV., Contents 



Date. 

1584. 
Octr. 7. 



Nature of Entry. 
Spuilzie, Action of. 



Parties. 



Subject or Res Gestae. 



Mr. Thomas Mengzes of This is one of several entries 



Spuilzie, Action of. 



Cognition, Action of. 



Breach of Arrestment, 
Action of. 



Act of Caution in a 
Removing. 



Removing, Action of. 



Durne v. George and 
John Herweis in Bog- 
hoill. 



James Juxoun v. James 
Anderson. 



Wm. I lay of Delgatie v. 
Alexr. Annand of Auch- 
terellon. 



Thomas Fraser of Durris 
v. Patrick Boig, Wm. 
Mylne, John Michell in 
Overloquhell and Henry 
and Thomas Forbes in 
Wester Foulis. 



Margaret Lesk of Fynner- 
sie and Wm. Forbes 
her husband v. John 
Strachin. 



Wm. Cuming of Inneral- 
lochy v. Nicoll Curry, 
Thomas Curry and Wm. 
Wobster. 

3U 



regarding this case. This 
day having been fixed as an 
adjourned diet for the pro- 
duction of witnesses who 
had previously failed to 
attend. A testimonial under 
the hand of the Common 
Clerk of Dundee was pro- 
duced accounting for the 
failure to cite the witnesses 
" in respect of the commoun 
plag of pestilence regnand 
within the Southe partis of 
Scotland." 

Defender protesting that he 
had been cited twice already 
and not called, got an award 
of 6/8 of expenses. 

There was produced the Pur- 
suer's Sasine of the lands and 
barony of Argrayn Piltac- 
hie and Caldwalls under the 
hands of two notaries Mr. 
John Robertsoun and Alexr. 
Lesk : but the date is not 
given. The defender accepts 
the productions for what 
they were worth but protests 
that they remain in process 
and be neither "Alterit eikit 
nor park." 

Pleaded that such actions in- 
competent in Sheriff Court. 
Act of Parliament 1581 
founded on. Case con- 
tinued. From another entry 
at this Court it appears that 
the Pursuer's Sasine was 
dated 30 and 31 Augt. 1577. 
The Procurator-Fiscal is not 
mentioned in this case. 

Two cautioners oblige them- 
selves that Strachin will 
remove in terms of a charge 
proceeding upon letters of 
four forms, and consent to 
registration in the Books of 
Council and Session. 

Subjects not specified. 



Aberdeenshire Sheriff Court: 



Date. Nature of Entry. 

1584. Spuilzie, Action of. 
Octr. 7. 



8. Removing, Action of. 



Removing, Action of. 
(Supra 7 Oct. p. 311.) 



Molestation, Action of. 



Removing, Action of. 
Eviction, Action of. 

Spuilzie, Action of. 



Parties. 

George Rohsoun Messen- 
ger v. George Wilson in 
Dryden. 



Wm. Keyth of Ludqu- 
harne v. Thomas Cok 
and William Fraser. 



Thomas Fraser of Durris 
v. Thomas Forbes and 
Henry Forbes. 

The Inhabitants and 
tenants of Newbugh v. 
Gilbert Blak, freeman 
of Aberdeen. 



Mr. Robt. Lesly of Auld- 
craig v. Alexr. Mylne. 

James Robertson in 
Boquharne v. David 
Duncansoun in Mekill 
Endywie. 

John Pantoun of Pet- 
medden v. Alexr. Pan- 
toun in Tullimad. 

3 I2 



Subject or Res Gestae. 

The pursuer's title to sue was 
an Assignation of the right 
to pursue dated 14 July 
1584. Subscribing notaries 
Mr. Thomas Molysoun and 
Mr. Andrew Clark. 

Wm. Scot portioner of Rattrey 
is cautioner for the violent 
profits until "Andirsmes 
ewin." against which time 
the defenders are ordained 
to find " ane mair sufficient 
caution." The Court far- 
ther ordains the defenders 
"to haif the inspcctioun of 
the perseuars sesing except 
the dait thairof." 

Robert Gordoun of Halheid 
becomes cautioner for vio- 
lent profits. 

The Pursuers, as appears from 
an earlier entry, were George 
Bannerman of Waltertoun, 
John Straquhine of Typperty 
James Pantoun of Tillymad, 
Thomas Murray burgess of 
Aberdeen and Francay 
Wobster in Newburgh. At 
this diet four Sasines were 
produced for the pursuers 
but the dates are not given. 
The defender objected that 
he had had no opportunity 
of inspecting them and the 
case was continued to "An- 
dirsmes evin" on the footing 
that the writs would be 
lodged eight days before 
that day. Besides the Earl 
of Huntlie, several deputes 
were on the bench : but the 
Interlocutor here runs in the 
name of " My Lord Shref." 

John Seytoun of Lumfuird be- 
comes cautioner for violent 
profits. 

Andirsmes Evin assigned for 
defences. 



Defences lodged. The Sheriff 
assigned Andirsmes Evin 
for pursuer to reply. 



Diet Books: Vol. TV., Contents 



Date. Nature of Entry, 

1584. Removing, Action of. 
Octr. 8. 



9. Removing, Decree of. 



Removing, Decree of. 



Breach of Arrestment. 



Spuilzie, Action of. 



Cognition, Action of. 



10. Act of Caution, Mutilation. 



20. Protestation. 



Parties. 

Robert, Commendator of 
Deir v. Alexr. Sewan in 
Lytill Creichye, David 
Joftray there, David 
Sangster in Auchty- 
donald and Gilbert 
Lytiljohn there. 

Dame Jeane Gordoun, 
Lady of Fyvie v. John 
Meldrum in Jakistoun 
Alexr. Meldrum of Bog- 
heids Thos. Meldrum in 
Comalynes and John 
Greiss. 

John Setoun of Lumfuird 
v. John George. 



The Crown by Mr. George 
Barclay, Procurator Fis- 
cal, the Sheriff' and 
Gilbert Reid of Colles- 
toun v. Wm. Lesk of 
that Ilk and Thos. Lesk 
his eldest son. 

Alexr. Reid, son of Gilbert 
Reid of Collestoun r 1 . 
Wm. Lesk of that Ilk, 
Thomas Lesk of Auch- 
mad, Patrick Lesk of 
Lytill Haddo and John 
Lesk of Garpalheid. 

Gilbertand Alexr. Pantoun 
portioners of Ovet Tulle- 
mold v. William Lord 
Forbes. 



Wm. Clark v. William, 
James, Andrew and 
Patrick Mortimer in 
Knokallachy. 



The Mortimers above 
named. 



Subject or Res Gestae. 

To Sangster and Littlejohn 
was assigned Andirsmes 
Evin to give in defences, 
while Decree passed against 
the other two. 



" My lord Shref decernit 
Thomas Meldrum and Jon 
Greiss to remove becaus and 
in respect thai nother pro- 
ducit peremptors nor fand 
caution." 



Sasine 15 Deer. 1569. Notary- 
Sir David Setoun. Action 
originally against both John 
and Alexander George his 
son, but decree against the 
father only. 

This case was brought up on 
a Summons of Wakening. 



Obviously connected with the 
immediately preceding 
action. This case had also 
gone to sleep and required 
wakening. 



This day had been fixed for 
proof but Lord Forbes did 
not appear. The Sheriff 
however received and ex- 
amined certain witnesses. 

James Mortimer, apparent of 
Cragiver becomes cautioner 
to enter the accused on 20 
Octr. "forthemutilationand 
dismembering of William 
Clark of his ring finger of 
his left hand." 

Appear ready to take their 
trial but are not called. 
Protest that their cautioner 
be free and that they incur 
no danger and take instru- 
ments in the hands of 
notaries. 



RR 



Aberdeenshire Sheriff Court: 



Date. Nature of Entry. 

1584. Act of Caution, Mutilation. 
Octr. 6. (Entered out of place in 
book.) 



Parties. 

Thos. Watson in Tilliray 
v. Wm. Sangster Mill of 
Mynness. 



Subject or Jfes Geslae. 

Andrew Austene in Newburghe 
cautioner to enter Sangster 
for the mutilation of Watson. 



Novr. 7. Erieffs for Service as heir James Keyth, son of Alexr. Lands of Overdavacht, Tavel- 
and of Terce. Keyth of Auchquhorsk tye and fishing thereof, also 

and Elet. Mengzes his Little Kynnadyeand Salmon 
tutrix and also for her fishing. Mr. Gilbert Keyth 
Terce. opposed, and after consider- 

able debate the petitioners 
procurator on the ground 
"that thair was nocht the 
just number of ane assiss" 
took up the brief with the 
petition and titles produced. 



Octr. 31. Removing, Decree of. 

(Entered out of date in 
diet book.) 



Novr. 28. Brieffs for service. 



Wm. Gordoun of Auchin- 
doir v. Thos. Edysoun. 



James Keyth 
Mengzes. 



and Elet. 



The "Croft gleib and Manss 
of Auchindoir." The Pur- 
suer's title was a lease from \ 
his son John Gordoun, whose 
title was a lease for 19 years 
from John, Master of Forbes 
of the parsonage and vicar- 
age of Auchindoir. 

Another debate, when Mr. 
Gilbert Keyth and Thos. 
Keyth the pupil's uncle de- 
mand the dismissal of the 
tutrix from her office. 
Various titles were produced 
but no result is minuted. 



Mill Multures, Action of. 



Walter Barclay of Tollie v. 
Patrick Cheyne of Essil- 
monthe, Wm. Craig of 
Cragisfintray, Robert 
Petrye in Tullemald , 
Thomas Craig in Bal- 
malie and others. 



Order upon parties to con- 
descend upon their titles on 
19 December. 



Removing, Action of. 



Removing, Action of. 



Dame Agnes Wod and Sir Pantoun produced Royal 
John Carnegye v. The Charter of Confirmation and 
tenants of Selby and 
Lochtulloch and John 



Pantoun of Petmedden 
for his interest. 



Sasine and so did Dame 
Agnes Wod. The Sheriff 
ordained " the daitts to be 
cowerit and keipit onsene" 
from the parties. 



John Gordoun of Glasco- No subjects mentioned. In 
forrest v. Andrew Mel- respect of no defences, the 
drum of Drumbreck. libel was admitted to the 

pursuers probation. 



3'4 



Diet Books: Vol. IV., Contents 



Date. 



Nature of Entry. 



1584. Removing, Action of. 
Novr.aS. 



Right of Way, Action of. 



Parties. 

George Meldrum of Fyvie 
and Dame Marie Flem- 
ing his spouse v. Archi- 
bald Dempster portioner 
of Auchterless. 



Spuilzie, Action of. 



Mill Multures, Action of. 



Cognition, Action of. 



Payment or Forthcoming, 
Action of. 



Subject or Res Gestae. 

On production of "ane testi- 
monial! under the subscrip- 
tioun of Jon Williamsoun 
Reidar to the congregatioun 
at Auchterless" (dated 27 
Novr.) . . . "that the 
said Dame Marie Fleming, 
Lady Fyvie wes verray 
havelie wexit be the hand 
of God in hir body quhair- 
throw scho was onabill to 
trawell oyther on fute or 
horss " the Sheriff Clerk or 
a. Sheriff depute were 
appointed to take her 
evidence at Auchterless and 
to report. 

This case crops up frequently, 
but in the entry here it is 
described thus "the actioun 
and caus of molestation and 
trubling the passingers pas- 
sang furthe the kyngs corn- 
mound get throw the New- 
burghe." 

John Pantoun of Petmed- Continued of consent. 
den v. Alexr. Pantoun 
in Tullemad. 



The Inhabitants 
Newburgh v. 
Blak Freman 



of the 

Gilbert 

of Abd. 



Patrick Meldrum in Tulle- 
cortie v. Michaell Fraser 
of Stanewod. 

Robert Hog in Tempiltoun 
v. Mr. Gilbert Bissat of 
Petmukstoun. 



Thos. Gordoun, Fiar of 

Cluny v. John Morty- 
mer of Cragywar. 



Assault to the effusion of 
blood. 



Wm. Smythe at the mill 
of the Haltoun of Fin- 
tray v. Thos. Tailzeour 
in Wester Fintray. 



315 



Continued to 30 November. 



Dispute between Petmuksloun 
and Ferrehill of which the 
pursuer has Sasine on 17 
May 1580. 

Mortimer was due to one John 
Symsoun .79 . - . lod. 
Symsoun had been put to 
the horn, whereby his estate 
was escheat to George Eail 
of Huntlie, the Sheriff, here 
described as " my lord leve- 
tennent of the Northe partis 
of Scotland" who had made 
it over on 20 July 1584 to 
the Pursuer. 

Tailzeour was convicted on 
evidence, fined 10 payable 
" to my lord Shref principal! 
for the bludweit " and found 
liable to recompense the 
injured man. 



Aberdeenshire Sheriff Court 



Date. Nature of Entry. 

1584. Cognition, Actions of. 
Novr.3<D. 



Parties. 

Wm. Mengzeis of Boig- 
hoill and Elet Cokburne 
his wife v. Mr. Thos. 
Mengzeis of Durne and 
Paull Mengzeis of Kin- 
mundy and his curators 
V. Wm. Mengzeis and 
spouse. 



Revocation of Procurator}'. Paull Mengzeis' Curators. 



Removing, Action of. 



Transferring, Action of. 
(Supra pp. 297, 305, & 

3.10- ) 
(Entry incomplete. ) 



Mr. Thos. Mengzeis of 
Durne v. Wm. Mengzeis 
of Boghoill and others. 

Gilbert Blak v. Robert 
Philp. 



Subject or A'es Gestae. 

The Pursuers produced (i) 
Sasine dated 24 April 1563. 
Notary Mr. John Kennedy. 

(2) Sasine dated 24 July 
1582. Notary Mr. Thomas 
Alollysoun. (3) Lease for 19 
years of the half toun and 
lands of Boighoill granted 
by the late William, Bishop 
of Aberdeen dated 21 July 
1554 and (4) Instrument of 
Possession endorsed thereon 
dated 13 May 1555. Notary 
Mr. Thomas Fynnie. There 
were produced for Paull 
Mengzeis (I) his own Sasine 
dated 14 Septr. 1578. 
Notary James Inglis. (2) 
his father's Mr. Thomas' 
Sasine dated 7 March 1559. 
Notary Mr. John Kennedy. 

(3) a Lease dated 21 Augt. 
1550 and (4) Sasine upon 
the lease dated 23 Septr. 
1550. The marches of the 
Hill of Drunmagair and the 
half lands of Kinmundy are 
said to be in question. 

Recal the procuratory granted 
to Messrs. John and Patrick 
Cheyne to act for Paull 
Mengzeis in foregoing ac- 
tion. Paull protests and 
asks the Sheriff to appoint 
curators ad lites to him. 

I gth December assigned for 
giving in defences. 

The excuse given for not pro- 
ducing Letters of diligence 
from Edinburgh is that 
actions North of the Forth 
are continued to 22 Jany. 
"be ressoun of the present 
pest continewand yit as abe- 
foir." 



(A page or pages torn out here.) 

Removing, Decree of. James Innes of Touchis 

i>. Bessie Lyndrum and 
John Lowrence. 



Removing, Decree of. 



John Gordoun of Glasco- 
forrest v. David Lamb. 



The defenders had alleged a 
lease of which two years 
were still to run ; but at 
this diet they consented to 
decree passing against them. 

Eight oxingang of the town of 
Langmanniswallis being a 
pendicle of Rothynormound 
within the Barony or Lord- 
ship of Bambreycht. 



Illustrative Examples taken from Diet Book, Vol. IV. 
Proceedings involving Questions of Heritable Right 

I. 

(23 June 1584) 

The said day assignit to Maister Gilbert Bissat of Petmukstoun to 
produce all his defenssis qualifeit in wreit in the actioun and caus of 
cognitioun perseuit be Wm Meingzeis of Ferrehill aganis him Comperit 
Wm Johnstoun Messinger and Shref in that pairt and producit our 
Souerane lords letters of Aduocatioun dischargeing my lord Shref and 
his deputis of all forder proceding in the said caus and of their offices in 
that pairt, quhilks letters the Shref obtemperit and obeyit and ordanit 
the samyn to be insert and registrat in his bulks of the quhilk the tenour 
follouis 

James be the grace of God King of Scottis To our Louitts Wm 
Jonstoun Messinger our Shreffis [sic] in that pairt coniunctlie and seueraly 
specialie constitut greting Forsamekill as it is humlie menit and schavin 
to us be our louit Mr Gilbert Bissat of Petmuxton That quhair Wm 
Meingzeis burges of our burche of Abirdene allegeing him to be heretour 
of the lands of Ferrehill lyand nixt adiacent to the said compleners lands 
of Petmukstoun within our Shrefdomc of Abirdene hes raisit and causit 
execute ane pretendit precept of cognitioun direct be our Shref of Abir- 
dene and his deputis for taking of cognitioun anent the methis and 
marchis betuixt the said compleners saids lands of Petmukstoun and the 
saids lands of Ferrehill Be the quhilks the said Wm intends to appro- 
priat ane gryit pairt of the said compleneris lands of Petmukstoun to the 
saids lands of Ferrehill maist wrangouslie and oniustlie The said Shref 
of Abirdene and his deputis beand na competent Judges to decyde the 
heretabill rychts of the saids lands Considdering it is of weratie that the 
said Wm Meingzeis is actual dependan and kynnisman to our rycht traist 
cousing and counsalour George now Erie of Huntlie Lord Gordoun and 
Badzenocht &ca our lievtennent of the North our Shref Principall of our 
Shrefdome of Abirdene and directar of the said pretendit precept and is 
of degrie desendit to him bayth of affinitie and consanguinitie of the hous 
of Dunnoter viz Dame Elspet Keyth guddame to our said cousing beand 
the third and Isobell Keyth hir sister beand the said Wms mother the 
secund and sua our said cousing and the said Wm in consanguinitie ar 

3'7 



Aberdeenshire Sheriff Court : 

nist secundis and thirds lyik as alsua the said Williamis spous now callit 
Gordoun lauchfull dochter to Gordoun now of Abirzeldie 

quha is laitlie cum out of the hous of Huntlie and is narrer nor secunds 
and thirds of kin to Shir Patrik Gordoun of Auchindoun Knycht and 
George Gordoun 1 Shref deputis quhilk George wyif alsua and the said 
Wms wyif ar within degreis desendit and forder Dauid Menzeis and 
Walter Lowsoun 2 uthir tua of the said Shref deputis of our said Shrefdome 
and the said Wm ar siclyik within degreis desendit and sua our said Shref 
and his deputis being nar of kyn of affinitie and consanguinitie to the said 
persewar of the said pretendit cognitioun are suspect to be bayth Judge 
and pairtie in the said mater quhilk is ane vvechtie caus of heretage 
dependand upon the intcrpretatioun of heretabill rychts and tytills To 
the decisioun quhairof na inferiour Judges aucht to be sufferit to proceid 
and specialie quhen thai ar within degreis desendit to the perseuar as in 
this causs our said Shref and his deputis ar and sua ar maist suspect to 
be Judges competent to decyde upon the said compleneris heretage quha 
will nocht faill maist wrangouslie and partialie to hurt him thairanent 
and to appropriat his lands to the said Wm Menzeis use gif thai be sufferit 
to proceid in the said cognitioun Befoir quhome the said complener dar 
nocht produce his euidentis for verifeing of the just bounds methis and 
marchis of his saids lands fering that thai seing the probabilitie thairof 
will destroy at the leist abstract the samyn as hes bene done be sum 
utheris to the said complener abefoir For trew it is that thair is na pro- 
curatours uther men of judgment noters clerks nor uther officiars of Court 
that dar or will assist to the said complener in defence of his iust rycht 
agains the Mengzeissis beand all clannit and alyat Ilk ane with utheris 
and duelling togidder within our said burght of Abirdene Quha nocht 
onlie oppressis be oppin violence the haill burgesses craftismen of our said 
burght bot utheris thair nychtbours lyand nixt adiacent thairabout as is 
mair nor notoriouslie knaven to us the lords of our counsall and sessioun 
and our haill court lyik as it is of weratie that upon the sext day of Junij 
instant the said complenar comperand in our said Shref Court with Wm 
King his freynd and haiffand exponit ane declaratour contrar the said 
George Gordoun than pretandand him Shref depute sittand in judgment 
quha wald not admit the same (bot) ordanit forther proces efter that the 
said Wm Meingzeis perseuar haid producit ane pretendit instrument of 
Sesing for instructing of his pretendit rycht precept and proving of the 
bounds thairin contenit under the allegit signe and subscriptioun manuall 
of Mr Thomas Mollysoun than allegit noter publict of the dait the xviij 
day of Nouember the yer of God j m v c and threescoir yers as our said 
Shreffis act of Court schavin to the saids lords of our counsall hes testifeit 

1 George Gordoun is designed in the Sederunt burgess of Aberdeen. 

2 Dauid Menzeis and Walter Lowsoun are also called burgesses. 



Diet Books: Vol. IV., Heritable Rights 

Cjuhilk pretendit instrument and utheris siclyik pretendit instruments to 
be producit will preif the haill bounds desyrit is fals and feinzeit neuer 
beand in rerum natura as be the dait of the said pretendit instrument 
producit planelie hes apperit For the said Mr Thomas Mollysoun noter 
allegit subscryuar thairof is nocht as yit threttie yeir aid or thairby and 
nocht yit ten yers or thairabout sen he wes admitit noter publict as the 
Clerks of our said counsall and sessioun hes recordit and sua he culd not 
haif subscryuit the samyn pretendit instrument of the dait foirsaid beand 
na noter bot of sex yeir auld or thairby quhilk presumptioun planelie 
declaris the falset at the lest fenzeines of the said pretendit instrument yit 
lyand in proces upon the productioun thairof of the dait foirsaid the said 
complener hes takine the said instrument and act of Court foirsaid as the 
samyn schavin and producit befoir the saids lords hes testifeit And yit 
neuertheles sic is the partialitie at the leist oursycht of the said George 
Gordoun pretendit Shref depute foirsaid that quhatsumewer fals or feinzeit 
instrument beis producit befoir him or probatioun for taking away of the 
said compleneris heretage or ony pairt thairof he will admit the samyn 
albeit the probabilitie of the falset thairof wer neuer sa manifest as this is 
and sua aucht nocht to be sufferit to proceid thairintill bayth in respect 
of the consanguinitie and affinitie foirsaid of our said Shreff principall his 
haill deputis and laik of members of Court to assist the said complener 
according to the equitie of his causs Bot our said Shref and his deputis 
aucht and suld be dischargit to proceid in the said cognitioun persewit 
agains the said complener be the said Wm Mengzeis quha nocht only 
oppressis him and his tennents bot alsua persewis him maist wrangouslie 
be the assistance of the haill Mengzeissis thair alyas and partakers 
Quhilk kind of inordinat dealing to the said complener and utheris thair 
nychtbours is sa frequently usit be thame that thai spair nocht maist 
crewellie to oppress thame quha may nocht resist the samyn without all 
feir of God or man yea and sic is thair insolencie sa grewin in our minoritie 
that sumtymes thai haif vilependit and lichtleit our avin utheris letters 
presentit to thame knavand perfytlie that thair is na clerks nor notars in 
thai pairtis that dar or will gif ony acts instruments or uther attestatioun 
in thair contrar for verefeing thairof as sum of our avin clerks maist 
trewlie hes recordit and can record and afferme In respect quhairof the 
said mater of cognitioun of the said compleneris heretage aucht and suld 
be aduocat to the saids lords of our counsall avin selfis and thai to proceid 
and ministrat justice thairintill as onlie Judges competent thairto and our 
said Shref and his deputis dischargit of all forther proceiding thairin and 
of thair offices on that pairt in tyme cuming for the caussis foirsaids as is 
allegit OUR WILL is heirfore and we charge you [as in other examples] 
Gevin under our Signet at Edinburgh the xix day of Junij and of our 
regne the sevinteine year 1584 

319 



Aberdeenshire Sheriff Court : 

II. 

(Circa August 1584) 

JAMES be the grace of God Forsamekill as it is humlie 

menit and schavin to us be our louit Mr Wm Fraser of Techmurie That 
quhair Alexr Fraser of Phillorthe haiffand intentit and persewit ane 
actioun of cognitioun befoir our Shref of Abirdene and his deputis aganis 
the said complener and causit execute ane summonds thairanent for 
allegit molestatioun of him within the bounds of his pretendit methis and 
marchis of his lands of Ester Tyrie lyand nixt adiacent to the said com- 
pleners lands of Marno within our Shreffdome of Abirdene as at mair 
lenthe is contenit in the lybellit precept rasit at the said Alexanderis 
instance thairanent and to the effect that the said complener [? persewar] 
suld nocht be preferrit in probatioun he behuifit to rais and execute to 
that samyn day ane uther contra lybellit summonds of cognitioun befoir 
our Shref and his deputis aganis the said Alexr for the wrangous moles- 
tatioun and trublance of the said complener and his deputis within the 
proper methis and marchis of his saids lands of Marno and Techmurie 
lyand nixt adiacent to the saids lands of Tyrie within our Shrefdom 
foirsaid as the said lybellit summonds of cognitioun raisit and deulie 
execute at the said compleners instance thairanent beris, houping than 
that the said Shref and his deputis suld haif done equall justice in bayth 
the saids materis pari passu as thay aucht to haif done bot sense our said 
Shref principall and his deputis George Gordoun 1 portionar of Kindrocht 
bayth being neir of consanguinitie and affinitie respective to the said 
Alexr Fraser hes procedit sa partialie in his favours in the saids maters 
be devyding of proces in the saids actionis and gevin mair summar maner 
of proces to the said Alexr nor unto the said complener as is undervritine 
that he dar nocht hazard ony forder proces nor cognitioun to be takine in 
the said mater afoir our said Shref and his deputis seing thai ar werray 
suspect and can nocht be judges competent to the said complener in the 
said mater quha will nocht faill maist wrangouslie and partialie to proceid 
and gif decreit aganis him thairintill considdering our said Shref principall 
our rycht traist cousing George now Erie of Huntly directar of the saids 
pretendit precepts and without quhais aduyse directioun and command 
nane of his deputis wil nor dar proceid in ony actioun dependand afoir 
thame is neir attingent in consanguinitie to the said Alexr Fraser of 
Phillorthe within secund and third degreis viz umquhill Dame Elet 
[Elizabeth or Elspet] Keyth Countess of Huntlie our said rycht traist 
cousings guddame and umquhill Beatrix Keyth mother to the said Alexr 
persewar war sisteris germane and sua secund and third in consanguinity 
lyik as the said George Gordoun our Shref deputis and the said Alexr 

I Probably the same George Gordon as in the previous case but differently designed. 

320 



Diet Books : Vol. IV., Heritable Rights 

persewar ar thirds and feirds in affinitie viz umquhill Cathrene Barclay 
guddame to this laird of Phillorthe on the fathers syid was lauchtfull sister 
to umquhill George Barclay sumtyme young laird of Gartlie grandsyre to 
Gordoun now spous to George Gordoun our Shref deput foirsaid 
on the moder syid lyik as alsua our said Shref principall to quhais com- 
mand all his deputis ar subjected and astrictit in all thair procedings and 
als his depute above mentionat hes declarit the saids consanguinitie and 
affinitie respective to the said Alexr Fraser to be effectual be thair partiall 
preceding in his favours in the saids actionis contrar the said complener 
in sa far as bayth the saids lybellit preceptis and proces thairof haiffing 
lyin ouer and slepit uncallit and lang tyme on houp of concord and thair- 
eftir being walknit bayth to ane day than our said Shref assignit to the 
said complener the xv day of Junij last by past to gif in all his defenssis in 
the said mater aganis the said principall lybellit precept foirsaid persewit 
be the said Alexr aganis him bot wald nocht than gewe the lyik proces 
upon the said uther lybellit precept persewit be the said compleneris 
aganis him bot onlie assignit the xv day of Junij last was to the said 
Alexr Fraser to gif in all his defenssis contrair the said persewaris precept 
and summonds of walkning and nocht aganis his principall lybellit pre- 
cept thairby fraudfully and partialie deuyding the said actioun persewit 
be the said complener in tua proces in effect intending that first the 
defenssis gevin in be the said Alexr aganis his walkning with ansueris 
maid thairto sail first byde ane interlocutour and proces and that eftir the 
said Alexr Fraser sail haif ane new terme assignit to him to gif in his 
defenssis aganis the said compleners principall lybellit precept foirsaid 
and in the meyntyme gevin proces to the said Alexr upon his said prin- 
cipall caus and lybellit precept foirsaid to the effect he may be preferrit 
in proces and probatioun maist wrangouslie as the proces will testifie 
quhen it beis produceit quhilk our said Shref nor his deputis nather Mr 
Alexr Fraser thair Clerk of Court being the said Alexr Fraseris freynd 
and of his surname will nocht gif out to the said complener to be instantlie 
schavin to the lords of our counsell quhill thai be compellit and thairfoir 
bayth the saids actionis of cognitioun aucht to be aduocat to the saids 
lords as onlie judges competent thairto befoir quhome thai may proceid 
pari passu as thai war intentit and our said Shref and his deputis dischargit 
of all forder preceding thairin for the caussis foirsaids as is alledgeit 
OUR WILL IS [here follow usual words of style summoning the laird of 
Phillorthe and the Sheriff to appear before the lords of council on I2th 
November and discharging them from all proceeding in the Sheriff Court 
until aoth November] Geven under our Signet at Edinburgh the xxij 
day of Julij and of our regne'the xvij yeir 1584 yeirs 

Ex deliberatione dominorum Consitii 
ss 321 



Aberdeenshire Sheriff Court : 
Proceedings involving Questions as to Occupancy of Land 

(29 July 1584) 

The said da}' in the actione and caus persewyt be Maistres Margaret 
Gordone aganes Mr James Skene of Wastir Corss occupear of the lands 
of Kebaty be vertew of my Lord Shreffis precept of Abirdene Compeirit 
Mr Jhonne and Mr Williame Dauidsoun procuratours for the said Mrs 
Margaret personally present quha constitut thame hir procuratours and 
produceit my Lord Shrefis precept dewly execute and indorsatt to this 
[day] togidder with the sayd Maistres Margaretis Sesing of the landis 
contenit [in the libell] Ex aduerso Compeirit Robert Reid Shref in that 
pairt be vertew of our Souerane [Lordis letteris] produceit and red in 

Judgement Off the quhilkis letteris the tenor followis 

JAMES be the grace of God King of Scottis To our louittis 

Greting Forsamekill as it is humlie menit and schawin to us be our 
louittis Williame Lord Forbes Alexr Forbes in Craguihy Mr Thomas 
Burnet in Ordhill Duncan Fowlar Andrew Brabner Mr James Skene 
Dauid Straquhyne Alexr Jaffray Alexr Lumisden of Tillykarne Jhonne 
Robertsone Willy Brabner Williame Young Patrik Fergus Dauid 
Reauche Patrie Robertsoun Jhonne Stevyne Williame Stevyne Alexr 
Scott Thome Dauidsoune Patrik Patre Straquhene Williame Forbes 
Williame Jhonnestoune Williame Burnet Jhonne Angus Johnne Ramsay 
Dauid Ramsay James Forbes of Corsinday and uthers occupears and 
tennentis of the said Williame Lord Forbes lands of Tolmadds Barelassy 
Kebatie Ardefork Sonnyhuny Drumlasie Tornavene Rannallache Crag- 
quhy Newbigging Brumhill [name illegible] and uthers lyand within the 
parochin of Touche Cluny for thame selffis and in [name] of the remanent 
tennents and occupears thairoff Hand within our Shrefdome of Abirdene 
That quhair our richt traist cusing George Erie of Huntlie Lord Gordoun 
and Badzenocht our Shreff principal! of Abirdene etc hes direct [ane] 
precept at the instance of Mistres Margaret Gordoune his fader sister 
[now] spous to Jhonne Maister of Forbess to heir the saids compleners 
decernit to pey to hir the malis fermes and dewiteis of the saids lands 
yeirlie for the yeirs of God ane thousand fyf hundretht threscoir fourtene 
Ixxv Ixxvj Ixxvij Ixxviij Ixxix Ixxx Ixxxi Ixxxii Ixxxiii Ixxxiiij yeirs 
ay sen the decreit of the obtenit be the said Maister of Forbes 

aganes hir and in tyme earning during hir lyftyme alledgeit pertening and 
awing to hir as pretendit coniunct fear or lyfrenter of the saids landis and 
for sundry uthers deuiteis and caussis as the precept ben's in the quhilk 
actioun and caus our said Shreff and his depuittis will not faill maist 
partially and wilfullie to proceid aganes the' saids compleners in the said 
mater thei beand na competent iudgeis to proceid thairintill considering 
the said Mistres Margarett Gordoun is neir of consanguinitie to our said 

322 



Diet Books: Vol. IV., Occupancy of Land 

Shreff principall viz his awyn fader sister and his depuittis dois no thing 
in ony actione persewit afoir thame hot as he commandis thame and sua 
in effect wil be bayth fudge and pairtie to the saids compleners in the 
sayd mater be ressoune quhairof the samyn aucht to be aduocatt to the 
lordis of our counsell and thei to proceid thairintill as onlie judgeis com- 
petent thairto and forder it is of verity that the said Williame Lord Forbes 
his haill kynne and freinds tenantis and inhabitantis of his proper lands 
ar exemit fra our said Shreff principall of Abirdene his office and iuris- 
dictioun with all actiones concerning the saids compleners and the samen 
ordinit to 'proceid befoir the saids lords selffis as only iudgeis competent 
thairto as the saids Lords decreit of executioun schawyn to thame dois 
testifie quhilk aucht to be extendit in favours of the saids compleners 
beand tennents and inhabitantis of the said Williame Lord Forbes lands 
in respect off a feid standand betuixt Gordoun and Forbes and that the 
saidis compleners can nocht haue resort nor haue fair acces to our burght 
of Abirdene without conuocatioun of thair freinds upoun thair awyn gard 
quhairupoun gryit inconuenience mey follou and ensew and albeit we haue 
pronunceit decreit Arbitrall upoun sundrie articlis and conditionis to haif 
bene fulfillit betuixt the hous of Huntlie and Forbes for reconciliatioune 
of the deidlie feid betuixt thame Neuirtheles the samen as yit hes tane 
[nane] effect nor na perfyit reconciliatioune follouit thairupoun as is 
notourly knawyn in respect quhairoff our sayd Shreff and his depuittis 
aucht and suld be simpliciter discharge!! of all forder preceding in the 
said mater and off thair offices in that pairt and the samen aduocatit to the 
saids lords selffis and they to proceid thairintill as only iudgeis competent 
thairto for the caussis forsaids continit in thair said decreit of executioun 
as is alledgeit OUR WILL is heirfoir and we charge yow that ye lauch- 
fully summound warne and charge the said Maistres Margarett Gordoun 
purchesser of the said pretendit precept our said Shreff of Abirdene and 
his depuittis directars thairoff to compeir befoir us and our counsell at 
Edinburgh or quhair is sail happin us to be for the tyme the tuelt day of 
Nouember nix to cum [here follow usual words of style discharging the 
Sheriff and his deputes from proceeding until 24th November following] 
Giffyne undir our Signet at Edinburgh the xxiij day of July and of regne 
the xvij yeir 1584 Ex ADVERSO the said Maistres Margarett with hir 
procuratours forsaids acceptand the saidis letters and coppeis in quantum 
and in speciall anent the ingiffing thairoff for Williame Lord Forbes and 
superadding in the coppeis diuers personis and in speciall the lands lyand 
within the perrochyn of Kyncardyne without ony warrand of the Kingis 
Letteris and protestand for actione sic as is competent of the law 
agancs the officer compering for the Kingis Maiesteis rebell and adhering 
thairto sayis that haiffing consideratioun of the saids letters onlie 
mentioning the landis lyand within the perrochinis of Touche and Cluny 

3*3 



Aberdeenshire Sheriff Court : 

the same can na wayes tak away the lands continit in the persewars 
precept Hand within the perrochyn of Mydmar quhilk is distinct from 
bayth the saids perrochinis as alsua the saids letters of aduocatione aucht 
na wayes to be ressauit in favours off the producear in respect of his 
usurpatione off the Kingis autority be superadding off substantiall 
circumstances nocht continit in the principall letters bot aucht to haue 
present process aganes the tennentis duelling within the perroche of 
Midmar ANSOURIT for the officer that he hes usit the chairge off the 
saidis letteris and executioun thairoff for the personis thairin continit and 
in sa far as my Lord Forbes is mentionet in the letteris pass fra him and 
haulds him pro deleto and hes usit his chairges iustly for the remanent 
tennentis continit in the saids letteris As to the secund of the alledge- 
ance the samen suld be repellit in respect of the letteris produceit beirand 
in speciall the haill lands continit in the persewaris summondis Hand 
wythin the Shrefdome of Abirdene and in caice the coppy beir ony super 
additione to the principall letteris pass from the samen as nocht being 
necessar the principall letteris berand the haill lands and tennentis names 
in particular contenit in the persewars summonds and that the samyn is 
wythin the Shrefdome of Abirdene REPLYET that the same is laitt 
eftir the acceptatioun and can na wayes purge the offence [here the entry 
ends, never having been completed.] 



Miscellaneous 

I. 

(24 June 1584) 

The said day in presens of the Shreff forsaid [David Menzeis, 
burgess of Aberdeen] Judicialie in propir persone compeirit Alexr Lesly 
sone to umquhile Andro Lesly Youngar of Balquharne exponit that 
during his les age and minoritie that he haid burdenit him selff with 
diuerss unthriftie and unprofitabill burdenis to his enorme hurt and skaith 
and now understanding be the preuilege of law introducit in favours of 
minors it lauchfull to him to reuok all deidis done to his enorme hurt 
during his les aige now at his minoritie thairfor the said Alexander 
reuokit and in sa far as wes possabill to him cassit and annullit all thingis 
done be him directlie or be his tutours or curatours to his enorme lesioun 
and in speciall but preuidice of the generalitie forsaid ane tak and 
assedatioun maid to Mr Thomas Lesly burgess of Abirdene of ane half 
net of the raik on the vatter of Dee within the fredome of Abirdene ane 
assedatioun maid to Alexr Burnet of the lands of Balquharne lyand in 
the paroche of and Shrefdome of Abirdene protestand 

324 



Diet Books: Vol. IV., Miscellaneous 

solempmtlie for restitutioun [in] integrum according to the law and 
actioun thairanent in all pointis to the quhilk the Shreff interponit his 
auctoritie in quantum de jure 

II. 

(25 June 1584) 

The said day compeirit Mr Robert Gardin of Ballemoir and grantit 
and confessit him ressauit realie and with effect fra Patrik Gordoun of 
Lettirfowry aucht bollis victuell half meill half malt with ane pek to ilk 
boll of the samyn for the quhilk victuell the said Mr Robert band and 
obleist him his airis executours and assignais To refund content and pay 
the said Patrik the sowme of saxtene pounds usuell money of Scotland 
betuix the day and dait heirof and the fest of Bartholl day nixt to cum 
and failzeing of payment of the said victuell at the forsaid day iij libs for 
ilk boll thairof to be payit at the fest of Mertimes nixt thaireftir under 
the panis of poinding and horning Befoir thir vitnesses Johne Gordoun 
of Scottistoun Dauid Gunnar and Thomas Bruce 



The Court Books 

CURIA . . . [23 June 1584] per honorabiles viros Dominum 
Patricium Gordoun de Auchindoun militem Georgium Gordoun 
Valterum Lowsone burgenses de Abirdene et Joannem Abir- 
nathy Vicecomites deputatos . . coniunctim et diuisim 

THE said day in the actioun and caus of transferring persewit be Gilbert 
Blak freman of Abirdene aganis Robert Philp in Newburgh in the terme 
assignit to do forder diligence Compeirit the defender and producit ane 
summonds dewlie execute and indorsate aganis Johne Lesly of Balquhane 
Mr Gilbert Bissat Elizabeth Forbes relict of umquhill Williame Bruce 
Ex aduerso compeirit the persewar and protestit quod cedat pro termino 
quo ad alia producenda and for circumductioun of the terme and that na 
diligence be grantit aganes na uthir persone except the persone of the 
laird of Balquhane and that according to the tennour of the last act maid 
the saxt day of this instant and that na diligence aganis the said Johne 
be nocht haldin lauchfull because thair is na uthir done bot sic as wes 
done abefoir The said Robert desyrit proces aganis the saids Mr Gilbert 
and Isobell and the said Mr Gilbert compeirand and denyit the haiffing of 
the saids buikis .... And the Shreff assignit lammes evvin nixt 
to cum to the defendar to do forder diligence aganis the said laird of 
Balquhane 

325 



Aberdeenshire Sheriff Court 

(Eo. die) 

The said day the Shreff ordanit ane charge and executioun to be 
gevin to James Lesly 1 for exhibitioun of the Shreff buikis 

(31 July 1584) 

The sayd day in the actioun and caus of transferring 

anent the exhibitione of the Shref buikis and extracting of the actis as 
the samen beris Compeirit the defender and produceit ane summondis 
deulye execut and indorsatt aganes George Lesly Jhonne Lesly and 
Williame Duguid quhilk diligence the Shref fand insufficient and the 
terme circumduceit As alsua the defender produceit ane chairge of my 
lord Shrefis deulie execut and indorsatt aganes James Lesly burges of 
Abirdene for exhibitioun and demonstratioun of the saids Shreff buikis 
according the ordinance maid thairanent In respect of the quhilk my 
Lord Shreff 2 forsayd ordanit the defendars produceing of the said chairge 
to chairge the said James Lesly be letters to be purchessit be delyuerance 
of the lords of Counsell for the effect forsaid aganes Wednisday nixt eftir 
the heid Michelmes court nixtocum 

(7 October 1584) 

The said day Compeirit the defendar and .... 

produceit our Souerane lords letters deuly execute and indorsat to this 
day aganis James Lesly burges of Abirdene for exhibitioun of the Shref 

buiks for satisfeing of the desyir of the last act And the 

Shref 3 assignis Andirsmes evin to do forder diligence be vertew of our 
Souerane lords letters according to the tennour of the former letters and 
this present act the producear protestand in caice the present danger of 
pest continew ony langer for a new day of diligence 

(30 November 1584) 

The said day Compeirit the said Robert [Philp] be 

Mr Jon and Patrick Cheynes his procuratours allegis that 

all actionis and sute to be maid be persones on the Northe syid of the 
Watter of Forthe is continewit to the xxij day of Januar nixt cumis be 
ressoun of the present pest continewand yit as abefoir quhairthrow the 
said Robert can nocht obtene his former letters of diligence to be callit 
befoir the lordis befoir the calling of the quhilk thai will grant na utheris 
letters of diligence 

1 A James Leslie acted as a Sheriff depute under William Leslie of Balquhain in January 

I564-5- 

2 George Gordoun and David Mengzes were on the bench on this occasion. 

3 Lord Huntly on the bench with a number of others. 

326 



The Diet Books: Vol. V., 1595-6 

This volume, which covers exactly a year, is complete as it came 
from the writer's hand, and its appearance proves that the statement on 
the title page as to the penmanship is a true one. The inscription runs 
thus : " The Sref Court Buik of Aberdene Begune at the entres of 
Maister Williame Reid to be Sref Clark xxv June 1595 All wretin withe 
the hand of Gilbert Thomesone Burges of Aberdene." 

The style of the writing points to the entries having been made, not 
perhaps actually in Court at the Clerk's table, but very soon afterwards ; 
and the occurrence of a few signatures in the volume confirm that view. 
There are some 260 pages in the book and about twice as many separate 
entries, some cases being of course repeatedly noticed. An effort has 
been made to embrace in the subjoined table every separate proceeding, 
while at the same time avoiding unnecessary repetition. The volume of 
business was considerable. Thus on ist October, 1595, there were 15 
cases on the roll, while on 23rd January and i6th February, 1595-6, there 
were 23 and 19 respectively. Acts of Caution for the loosing of arrest- 
ments bulk largely for the first time in this diet book. 

The forfeiture of the Earl of Huntlie in 1594, following upon his 
participation in the rising of the Popish Lords, had at this time deprived 
him of his heritable Sheriffships, and in Aberdeenshire the place was 
filled by John Leslie, loth Baron of Balquhain, who having succeeded in 
turning out of office Mr Alexander Fraser, who had been Sheriff Clerk 
under Lord Huntly, got Mr. William Reid appointed in his place. 

Mr. Alexander Fraser's account of this transaction, bearing as it 
does upon the custody of the books of Court and the probable fate of 
some of those which are now missing, may be given here. It is taken 
from the proceedings of the Privy Council at their sitting at Falkland, 
on 14 August, I595. 1 

Complaint of Mr. Alexander Fraser, sheriff-clerk of Abirdene, as 
follows : Having been lawfully provided to the said office during his 
lifetime by George, sometime Earl of Huntlie, sheriff principal of the 
said shire, and the late Sir Patrik Gordoun of Auchindoun, his depute 

I Reg. Privy Council V., p. 229. 
3 2 7 



Aberdeenshire Sheriff Court 

for the time, with the King's confirmation and disposition to him of the 
same, he has been in the peaceable possession of his clerkship for 
fourteen years preceding the date of the forfeiture of the said Earl, and 
also during the time that Johnne Leslie of Balquhan, now sheriff-depute 
of the said shire, has occupied that charge. In which service the corn- 
plainer has never been troubled, till of late the said 

Johnne, " mynding to prefer sum of his awne servandis to the said com- 
plenaris office and to disposses him thairof, and yit finding na direct or 
lauchfull meane to cum to his intent, nor na just caus of reproche to lay 
to the said complenaris charge," had " divisit thairfoir be policie and craft 
to circumvene him." To this effect, he had borrowed many of the 
register books from the complainer, of purpose, as he alleged, to see some 
letters concerning himself ; " and, haveing the buikis in his handis, 
quhilkis he still detenis, he burdynnit the said complenair to subscryve 
certane injunctionis tending altogidder to his prejudice and hasard of 

his honnestie And upoun the xxv day of Junij last, 

being ane ordinair courte day, the said Johnne sitting in jugement, and 
the same complenair occupying his awne charge, the said Johnne finding 
the tyme then propir to cum to his intent, he first begouth to quarrell 

and accuse the said complenair and desirit the said com- 

plener to delyver unto thame his principall minute-buke, quhairin he wes 
then writting ; quhilk being refusit be him, in respect of his panefull 
travellis tane in the writting thairof, and that be that buik he behuifit to 
be answerable for his bipast service, the said Johnne thairfoir patt violent 
handis in him, and shamefullie dang him upoun the face and removit 
him furth of the tolbuith, and placeit the saidis personis 1 in the actuall 
possessioun of his office, and swa wrangouslie dispossest him thairof 
without ony lauchfull [excuse?] or cognition preceding." 



I Messrs. John Leith and William Reid. 
3*8 



Table of Contents of Vol. V. of Diet Books 



Date. 

1595- 
June 25. 



Nature of Entry. 

Removing, Action of. 
(Compare entry on zgth 
May, JS<?6.) 



Loosing of Arrestment. 



27. Removing, Decree of. 



Removing, Decree of. 



Parties. 

Alexr. Litster, burgess of 
Abd. v. Alexr. Hay of 
Delgatie principal tenant 
and Alexr. and Wm. 
Smithe, subtenants. 



Subject or Res Gestae. 

Toun and landis of Tersethill 
in the parish of Logic Buchan 
and Barony of Stains. Sasine 
dated6Augt. 1584. Notary 
Mr. John Robartsoune. 
Defences were ordered to be 
lodged on 30 June ; but none 
being lodged on that day, 
Decree was pronounced. 

Gilbert Fraser of Walter- " The peitts turvis fewaill faill 
tounez'.johnjohnestoun clodis and dovatis cassin 
of that Ilk and John .... in the landis of 
Johnestoun of Corsshil!. Mekle Clintertie." John 
JohnstouninCorsshill bound 
himself to relieve the cau- 
tioner Henrie P'orbes of 
Newhills. 

Lands of Torvechie. Sasine 
dated day of 

158 . Notary Mr. Alexr. 
Fraser. 

The only place names given 
are Fischerbrigis and Dobis- 
hill. The Curators were 
George Erie Marschell, 
Alexr. Stratoun of Lowrens- 
toun, Robert Arbuthnot of 
that Ilk and Mr. James 
Keyth of Drumtochtie. 
Sasine dated 13 Feby. 1593. 
Notary Mr. Andrew Clerk 
Sheriff Clerk depute. 



George Erie Marschell v. 
Edward Fraser. 



John Forbes of Petsligo 
with consent of his 
Curators v. Michell 
Ogstoune occupiar of 
Fisherbrigis and Alexr. 
Forbes of Fingask and 
Duncan Forbes apparent 
of Bythnie for their 
interest, James Forbes 
brotherto the said Alexr. 
Forbes as donator to 
Fisherbrigis, also Anten 
Gordoun, Wm. Find- 
later, Andrew Mitchell, 
Wm. Rynd, John Sang- 
ster, Patrick Reid, John 
Smithe alias Bothie, 
Andrew Gordoun, An- 
drew Bruntschaw, An- 
drew Straithc, Thomas 
Lindsaye, John Castell, 
Edward Downy and 
Wm. Robertsoune all 
Crofters apparently in 
Dobishill. 



TT 



329 



Aberdeenshire Sheriff Court : 



Date. Nature of Entry. 

'595- Removing, Action of. 
June 28. 



Parties. 

Wm. Crawfiird of An- 
nochic v. John Glennie. 



Subject or Res Gestae. 

Continued to 1st July when 
Alexr. Hay of Ardmak- 
hornes became cautioner 
for violent profits. 



Removing, Action of. 



John Ross of Auchlossin v. 
Margaret Irving relict 
of Wm. Gordoun in 
Carnbadie. 



Part of the lands of Auchin- 
bawdie in Lumphanan. 
Sasine dated 10 Novr. 1572. 
Notary Mr. John Bagray. 
After defences were lodged 
and various continuations, 
decree was pronounced on 
12 July, in respect that 
defender refused to find 
caution for violent profits. 



Removing, Decree of. 



Removing, Decree of. 



James Mowat v. Alexr. 
and John Davie in 
Milntoun of Cultis and 
Tillicharcoch, John Ilar- 
rowar in Easter Cultis, 
Robt. Cordiner in 
Middle Cultis. 

John Leithe, apparent of 
Harthill v. Patrick 
Maynie. 



The pursuer is designed as son 
and heir of Magnus Mowat 
in Cowie (or Colbie) who 
had the gift of the liferent 
and escheat of Alexander 
Chalmer of Cults, dated 3 
Febry. 1590. 

Part of Auldtoun of Bonnytoun 
in the parish of Rayne. 
Sasine dated 18 May 1594. 



Removing, Decree of. 



James Chalmer v. John 
and William Yuill. 



Parts of Easter Tyrie in the 
Barony of Phillorth. Sasine 
dated I June 1592. Notary 
Sir David Brodie. 



Removing, Action of. 



30. Removing, Decree of. 



Margaret Rolland widow 
of Martin Howsoune 
and wife of James Setoun 
v. Richard Troupt, Agnes 
Hay Relict of James 
Galloway and Andrew 
Surges her husband. 



William Leisk of that Ilk 
z'. Gawane Cruikschank. 



Parts of the lands of Glaster- 
berrie in the parish of Peter- 
culter, of which the pursuer 
had the liferent. Sasine 
dated 12 Novr. 1561. 
Notary Mr. John Kennedie. 
The summons was passed 
from against Troupt, proloco 
et tempore, and decree was 
pronounced against the 
others of consent on 8 July. 

Toun and landsof Auchleuchry 
in the parish of Cruden and 
Barony of Slains. A dila- 
tory defence had been stated 
and proof allowed ; but the 
defender did not find caution 
for violent profits and decree 
went against him. 



33 



Diet Books: Vol. V., Contents 



Date. 

1595- 
June 30. 



Nature of Entry. 
Removing, Decree of. 



Parties. 



Subject or Res Gestae. 



Charles Chalmer of Tilli- Subjects in Wester Disblair in 
kirie v. Win. Chalmer the Regality of Lundoris. 
son and heir of Mr. Wm. 
Chalmer portioner of 
Wester Disblair, John 
Chalmer of Balbithan 
his tutor, and John Abir- 
nethie, Andrew Chalmer 
and John Thomesoune 
their tenants. 



Act of Caution. 



Removing, Decree of. 



Wm. Gray, Baillie burgess 
of Aberdeen. 



Patrick Mowat of Baqu- 
hollie v. tenants. 



To enter Gilbert Inglis, 
"wricht burges" before the 
Sheriff on six days warning 
under the penalty of 100. 

No lands specified. 



July 2. 



Caution for loosing 
Arrestment. 



3. Removing, Decree of. 



4. Removing, Decree of. 



of Patk. Cheyne of Essil- 
monthe v. Waltir Grig. 



George Knowis, burgess of 
Abd. v. Mr. Micheall 
Fraser and Gabriell 
Stalker in Auld Abd. 
and John Ardbekie in 
the Spittell. 



William Forbes of Corsin- 
deye and Curators v. 
John Urie of Petfichie, 
Andrew Reid alias 
Tailzeour and Alexr. 
Leslie his tenants and 
servitors. 



5. Removing, Decree of. 



Alexr. Irving of Drum v. 
John and George Har- 
rowar. 



Robert Young, Chirurgeon 
becomes cautioner that 
Grig's goods and geir shall 
be forthcoming. 

"Alevin bolls beir sawing of 
the Northe barsched of the 
hospitall callit the hospitall 
of Sanct Petir." As also 
certain houses and yards in 
the Spittell. Sasine 8 
March 1580. Notary Hew 
Hervy. 

The Moss of Bovah, Balvah 
or Balvak, in the parish of 
Monymusk. The curators 
were John Mortymer of 
Cragyver, James Mortimer 
fear thairof, John Forbes of 
Pofluge and Alexr. Forbes 
burges of Abd. who had 
been appointed on 21 April 

1592. Sasine 20 Novr. 

1593. Notary Mr. Alexr. 
Fraser, Sheriff Clerk. After 
considerable pleading the 
pursuers obtained decree. 
An exact description of the 
situation of the moss is 
given. 

The pursuer was liferenter of 
the lands of " Kirktoun of 
Tarlane " and others. 
Sasine 19 May 1588. 



331 



Aberdeenshire Sheriff Court: 



Date. 



Nature of Entry. 



'595- Caution for loosing of 
July 12. Arrestment. 



Parties. 

Arthur Setoun ! 
Abirnethie. 



13- 



Caution for loosing 
Arrestment. 



14. Removing, Action of. 



15. Removing, Decree of. 



1 6. Removing, Action of. 



John 



Subject or Res Gestae. 

Walter Leslie burges of Abd. 
becomes cautioner that "the 
comes in the barne yaird of 
Sauchok" shall be forth- 
coming. 

Alexr. Abirnathie of Lessen- 
drum becomes cautioner that 
the "peittis" arrested by 
Frendraucht "cassin within 
the mosses of Begishill 
Stanyfeild Monalie and 
Drumdollocht " shall be 
forthcoming. 



\Vm. Forbes of Bairnis v. The sunny half of the Mill 
Wm. Forbes in Miln- and Mill Lands of Bairnis. 
town of Bairnis. 



ot The laird of Frendraucht 
v. tenants of Lessen- 
drum. 



1 8. Caution for loosing arrest- 
ments. 



19. Caution, loosing of arrest- 
ment. 



George Gordoun, Fear of 
Gicht v. Margaret King, 
relict of James Cantlie. 



Wm. Forbes of Corsindaye 
and his Curators v. Wm. 
Forbes of Monymusk, 
Wm. Merser inTombeg, 
Henry Matthowsone, 
James Patersone, James 
Gollane, John Geills, 
John Gellane, Thomas 
Tuiche, Wm. Farquhar, 
George Miln, all in 
Monymusk, James Ri- 
chie in Smidyhillok, 
Wm. Robertsoune in 
Tillaquhourie. 

Elizabeth Cheyne, Lady 
Carmuk and James 
Kennedy of Carmuk her 
son v. Mr. John Heriot 
and Henry Leisk v. 
Wm. Leisk, Elder. 



Alex. Tullidef, burgess of 
Abd. v. John Mylne in 
Cheppeltoune of Essil- 
monthe and his tenants. 



Mekill Areocht in the Barony 
of Schewes held in lease by 
Gicht. The Pursuer founded 
on an Assedation, but no 
particulars are given. 

Another action about the Moss 
of Balvak, the pleadings in 
which will be found among 
the Illustrative Examples. 



Peats in the moss at Ellon. 
Wm. Leisk younger fear of 
that Ilk cautioner for Mr. 
John Heriot. Peats in the 
moss of Balschansie. Wm. 
Leisk younger cautioner for 
Wm. Leisk, elder. 

Peats in the moss of Carnhill. 
Matthew Guild, armorar, 
cautioner. 



21. Appointment of Sheriff 
Clerks. 



John Leslie, notary public, and 
Mr. William Reid appointed 
conjunctly and severally. 



332 



Diet Books: Vol. V., Contents 

Date. Nature of Entry. Parlies. 



Subject or Res Gestae. 



1595- 
July 21. 



Removing, Decree of. 



Alexr. Leslie son to the 
late Alexr. Leslie of 
Dyce v. George Leithe 
in Rothmuriell, John 
Leslie of Tempill, Alexr. 
Catnee in Rothmuriell. 



The fourth part Lands of 
Rothmuriell in the parish of 
Cryistis Kirk. Sasine 13 
August 1574. Notary Sir 
William Thomsoun. 



Caution for loosing arrest- 
rnent. 



Barrel Innes in Auld 
Aberdeen v. James 
Donald in Monycabok. 



Peats in moss of 

Hew Hervie cautioner. 



21. Spuilzie, Action of. 



Andrew Meldrum of No particulars given. Defen- 
Rothybirsben v. George der did not appear. 
Meldrum of Drumbrek. 



22. Removing, Decree of. 



Gilbert Gray, burgess of 
Abd. v. Thomas Dauid- 
sone, Wm. Chopman, 
Wm. Fute, JohnAngous, 
Patrick Fute, Win. Fute 
younger, John Blak, 
Thomas Phinnie, Alexr. 
Chopman, Meriore 
Fynne his wife, Nicoll 
Meluill. 



Parts of Kirktoun of Eathclnie 
in the Barony of Meldrum. 
Sasine II April 1586. 
Notary Mr. Alex. Barroun. 



Caution, Loosing of arrest- 
men ts. 



Donald Urquharl v. Win. 
Geret in Auld Garnas- 
toune and Wm. Brig. 



Duncanc Forbes of Byithe 
cautioner for both Geret and 
Brig that their goods shall 
be forthcoming. 



23. Removing, Action of. 



Walter Wode apparent of 
Fettircairn v. Alexr. 
Setoun in Arechuand, 
Wm. Malleis at the 
Kirk of Balhelvie, John 
Clerk there and Mr. 
George Setoun for his 
interest. 



No particulars of Sasine which 
is said to have been pro- 
duced, except that it was 
" Cristane Frasris seising." 



Caution, Loosing of arrest- 
ment. 



John Gordoun ot Crab- 
stone v. Henry Forbes 
and his tenants. 



Peats in the moss of Newhills 
and Chalmerlains myris. 
John Forbes of Pofluge 
cautioner. 



Caution, Loosing of arrest - 
ment. 



The Burgh of Abd. and 
Henry Forbes v. Gordon 
of Crabistoune. 



Peats in the "moss of Crabs- 
toune utherweyis callit the 
Chalmerlains myris." Cau- 
tioner Mr. Thomas Menzeis 
of Ferrihill. 



333 



Aberdeenshire Sheriff Court : 



Date. Nature of Entry. 



Parties. 



Subject or Res Gestae. 



'595- Caution, Loosing of arrest- 
July 23. ment. 



John Setoun of Meldrum 
and Alexr. Lord 
Urquharl v. George 
Meldrum of Ardfork. 



Peats on the South east side 
of Ardiquhilleis. Cautioner 
Barrell Innes in Auld Abd. 
For loosing of a cross arrest- 
ment John Setoun became 
cautioner on 31 July. 



28. Removing, Action of. 



John Lesly, burgess of 

Aberdeen v. Lowrance 
Drummond and Isobell 
Hay in Auld Aberdeen. 



Subjects not specified. Sasine 
March 1 594. Notary 
James Davidson. 



31. Removing, Action of. 



Agnes Fraser, Lady New Subjects not mentioned. De- 
Korrest v. Andrew fences repelled. 
Smithe. 



Removing, Decree of. 



Patrick Cheyne of Essil- 
mounthe v. Walter 
Grig. 



Mill and mill lands of Abir- 
dour in the parish of Abir- 
dour. Defender failed to 
find caution. This case was 
in Court before the com- 
mencement of the volume so 
the date of Cheyne's title 
does not appear. As ap- 
pears from an entry on 2 
July (supra p. 331) Grig's 
effects had been arrested by 
the laird. 



Removing, Decree of. 



Alexr. Irving of Drum ; 
George Simsoune. 



Four oxingang of the toun and 
lands of .Tarlane. 



Nature of Action not dis- 
closed. 



Thomas Mclnnes v. James The Pursuer moved that the 



McGregour. 



case be set down for the 
second day of the head 
Michaelmas Court for pro- 
nunciation of Interlocutor. 
The defender in the contrary 
protested for his expenses 
"In respect he was sum- 
mondit to this day and nocht 
callit and nathingdependand 
to this day nor yit walknit be 
ane summonds seing the 
same hes sleipit be the space 
of half ane yeir sen the last 
dyet thairin. " 



Removing, Decree of. 



Kathering Fraser, relict of A croft of Findlatrie in the 
John Calder of Asloun parish of Touche of which 
v. Wm. Elmslie. the pursuer was liferentrix. 



334 



Diet Books: Vol. V., Contents 



Date. Nature of Entry. 

'595- Removing, Action of. 
July 31. 



Removing, Action of. 



Removing, Decree of. 

Eviction, Action of. 

Removing, Decree of. 
Spuilzie, Decree of. 



Removing, Decree of. 



Removing, Decree of. 



Parties. 

Sir Wm. Keithe of Dalueis 
Knyt. v. Wm. Keithe 
in Altrie. 



Margaret Reid, Ladie of 
Wattertoun v. James 
Kindlay in Newburgh, 
Wm. Blak and Jhcrome 
Hlak his son. 



Subject or Res Gestae. 

The Shadow third of Nether 
Altrie in the Parish of Deer. 
The Pursuer's title was a 
Lease from the Earl 
Marischal dated 6 August 
1587 which was borrowed 
up by Alexr. Keythe of 
Kayrnes. 

Certain houses, yards, &c. , 
presumably in Newburgh 
belonging to the Pursuer as 
conjunct fiar and liferentrix. 
Her sasine was said to be 
already in the hands of the 
Clerk of Court. 



John Cheyne of Fortrie v. Toun and lands of Quhythillok 

The Representatives of in the Barony of Auchin- 

Patk. Gordoun in dore. 
Smithistoun of Nothe. 



Alexr. Deuguid v. Agnes 
Ross widow of Wm. 
Deuguid of Auchinhuif. 



The Pursuer produced a lease 
by the defender dated 22 
June 1594. 



John Leslie v. 
Cruikshank. 



Alex. Part of Logieauldtoun in the 
parish of Auchterless. 



John Cok v. Wm. Mail- 
land in Methlik. 



John Robartsoune and 
Alexr. Ewyne burgesses 
of Abd. v. Andrew 
Meldrum and Patrick 
Fraser. 



Robert Irving of Murthill 
v. Tenants. 



A quantity of grain and meal 
belonging to Pursuer taken 
from the yard of Mr. John 
Merser, Minister at Methlik 
from whom the pursuer had 
bought it. Great oats with 
fodder 4 lib. p. boll. Dried 
corn from great oats 5 marks 
p. boll. Meal 7 marks p. 
boll. 

The shadow half of the Miln 
and Miln lands of Miln of 
Creichie in the parish of 
Fyvie belonging equally to 
the pursuers, whose Sasine 
was dated 4 April 1594. 
Notary James Davidsoun. 

(1) Wast-toune and Ranna- 
horie in Tarlane. Sasine 20 
April 1576. Notary Mr. 
Wm. Andersoun. 

(2) Parts of Allathyne, Mut- 
tounbray and Pyktilhim in 
parish of Deir. Sasine 23 
Sept. 1573. Notary Sir 
David Setoun. 



335 



Aberdeenshire Sheriff Court : 



Date. 



1595- 
Augt. 6. 



Nature of Entry. 
Verbal Bond. 



Parties. 

John Leslie of Duncans- 
lounctojohn Straquhan 
of Tibbertie. 



Subject or A'es Gestae. 

The debtor appeared in Court 
and in presence of the 
Sheriff depute, his son and 
the Sheriff Clerk depute 
the last two being said to be 
witnesses to the transaction 
acknowledged to have 
received and bound himself 
to repay 1000 marks before 
8 August under pain of 
poinding and horning on a 
three days' charge. 



8. Caution, Loosing of arrest- John Chartours of Kyn- 
ment. phaunis and Alex. Gor- 

doun of Aberzeldie v. 
John Lord Forbes and 
Arthur Forbes of Sona- 
honie and their tenants. 



Peats cast by the Forbes 
tenants in the Hill of Fair 
in 1595. Cautioner Alex. 
Jaffray, Baillie of Abd. 
whom Arthur Forbes bound 
himself to relieve. 



1 6. Warrandice, Decree of. 



1 8. 



Caution, Loosing of 
Arrestment. 



Wm. Thomesoune in Wm. Thomesoune bought a 
Rothna and his son black mare from Innes at 
James v. James Innes in the latter's place for 1 6 
the Bogis. marks in December 1594. 

William sold it to his son 
James, who took it to St. 
Sairs market, where it was 
challenged by Andrew 
Crichtone, baillie to the 
Laird of Frendraught, who 
took the animal and im- 
prisoned James in the place 
of Frendraught as a thief. 
Father and son now obtain 
a Decree against Innes to 
warrant them safe and, to 
repay the 1 6 marks with 6 
of modified expenses. 

John Saunders, Cordiner The arrestment had been laid 

v. Wm. Fergoussoun in on the "guds geir and 

Auld Abd. certane beir within the 

yeard l>esyd the Cunie hous. " 

The cautioner was Thomas 

Fergoussoun burgess of Abd. 



23- 



Caution, Loosing of 
Arrestment. 



Patrick Hepburne 
Walter Grig. 



Corns cattle goods and geir. 
John Grig in Fraserburgh 
was cautioner. 



26. 



Caution, Loosing of 
Arrestment. 



Barrcll Innes v. William 
Forbes df Logic. 

336 



Peats, &c. in Moss of Logic. 
Cautioner Alex. Forbes of 
Auchintoull. 



Diet Books: Vol. V., Contents 



Dale. Nature of Entry, 

: 595' Caution, Loosing of 
Augt. 30. Arrestment. 



Parties. 

David Baxter v. Alexr. 
Smyth in the Hill. 



Subject or Res Gestae. 

This appears from an earlier 
entry to have had reference 
to an action of spuilzie in 
which Baxter is designed as 
servitor to Mr. Robert 
Irving of Moncuffer. Alexr. 
Chalmer of Cultis was 
cautioner. 



Septr. 6. Caution, Loosing of 
Arrestment. 



Wm. Knowis of Logyruif Goods and geir. Cautioner 
v. Gilbert Findlaye in Wm. Keyth of Ludquharne. 
Ardlathin. 



Caution, Loosing of 
Arrestment. 



Paull Menzeis v. Robert 
and Gilbert Simsones 
and Thomas and James 
Herveis. 



Peats &c. in the hill of 
Drumnagar. Cautioner 

David Menreis. 



20. Caution, Loosing of 
Arrestment. 



Patrick Gardyn and Alexr. 
Setoun of Auchinhuif v. 
John Gordoune of 
Crabstoune. 



Corns, beir and oats sown 
within the bounds of Bellit 
Crag, Measones Meadow 
and Gallic Moss belonging 
to Gordoune. John Gor- 
doun, burgess of Aberdeen 
was cautioner. 



Caution, Loosing of 
Arrestment. 



28. Caution, Loosing of 
Arrestment. 



29. 



Caution, Loosing of 
Arrestment. 



Caution, Loosing of 
Arrestment. 



Head Court. 
Absents. 



Mr. Robt. Leslie of Auld Crop shorn and unshorn on 
Crag v. Andrew Mel- Kirktoun of Daviot. Cau- 
tioner George Meldrum son 
of John Meldrum of Jax- 
toune. 



drum apparent of Jax- 
toune. 



Alexr. Burnat of Craigour 
v. Alexr. Burnat of 
Leyis and Wm. Fod- 
dringhame. 

George Gordoun Fear of 
Geycht and others v. 
Alexr. and James 
Buchans. 

James Kcnnedie of Car- 
muk and his curators 
v. Alexr. Annand of 
Auchterellone. 



List of 



Crop, stocking and plenishing 
belonging to Leyis and 
Foddringhame. Cautioner 
Baillie Alexr. Jaffray. 

Crop, stocking and plenishing 
on Middilhill. Cautioner 
Alexr. Cheyne in Auchry. 



Crop, &c. Cautioner Henry 
Annand of Milltoun of 
Drumbrek. 



Sentence of Fine on absent 
Barons. Mr. George Bissat, 
the Mair of Fee, with con- 
sent of " My Lord Shref " 
dismisses one of the Mair 
deputes from office on 
account of his absence, and 
signs the entry. 



UU 



337 



Aberdeenshire Sheriff Court : 



Date. 



Nature of Entry. 



1595. List of Jury on Inquests. 
Scptr.3O. 



Special Service. 



Parties. 

Robert Spens of Cultis. 
John Leslie of Largie. 
John Robertsoun Junior, 
burgess of Abd. 
William Robertsoun 

Junior, do. 

Hugh Ilervie do. 

Arthur Davidsoun do. 
Gilbert Gray do. 

Gilbert Dune do. 

Alexander Patersoune do. 
William Mar do. 

John Tullidaff do. 

Thomas Donaldsoune do. 
Alexander Burnat do. 
Alexr. Cheyne of Auchry. 
Mr. William Leslie of 

Warthill. 

Gilbert Orume of Carnday. 
Mr. Walter Oggilvie of 

Langmure. 

John Wode grandson of 
William Wode. 



Subject or Res Gestae. 



Mill and Mill toun of Fintray, 
with multures and knave- 
ships as fully specified, re- 
serving the dry multure to 
the Abbot and Convent of 
Lundoris. Formerly held of 
l.undoris now of the Crown, 
for payment of 7 . 5 . 8 at 
Pentecost and Martinmas, 
andvariouspaymentsinkind. 
In non entry 15 years and 
one month. 



Special Service. 



Special Service. 



Mr. Robert Maitland of The third part of the West 
Monletie son of James town and lands of Cairngall 
Maitland. in the Barony of Kellie. 

Old value 13/4. Present 
value 4 marks. Held blench 
of John Arbuthnot of Cairn- 
gall as Assignee of John 
Gordoun of Petlurg. In 
non entry since death of 
James Maitland in April 
1591. 

Gilbert Gray, burgess of Half of an Annual rent of five 

Abd., son of Gilbert marks from the lands of 

Gray, burgess. Udnie. Value 33/4 per 

annum. Held blench of 

the Laird of Udnie. In non 

entry 14 years, predecessor 

having died in November 



338 



Diet Books: Vol. V., Contents 



Date. Nature of Entry. 

'595' Special Service. 
Septr.3O. 



General Service. 
Special Service. 



Removing, Decree of. 



Octr. I. Removing, Decree of. 



Removing, Action of. 



9. Loosing of Arrestment. 



Parties. 

George Leslie son of 
Margaret Leslie and 
her husband Alexr. 
Leslie. 



Subject or Res Gestae. 

Third part of the lands of 
Brigend and houses and 
buildings with privilege of 
brewing, in Regality ot 
Held of William Leslie of 
Wardres for payment of id. 
yearly at Pentecost if asked. 
Old value ^3 per annum. 
Margaret Leslie died in 
September 1594. Alexr. 
Anderson, probably her 
second husband, had a life- 
rent, which was reserved. 



The said George Leslie to 
the said Margt. Leslie. 

Alexr. Gordoun son of 
George Gordoun of 
Tulloche, burgess of Abd. 



Mr. Robt. Chalmer por- 
tioner of Tulligrig v. 
Agnes Ilerwie widow of 
Andrew Crilow and 
wife of James Wod. 

John Forbes of Petsligo v. 
James Forbes. 



Alexr. Innes of Pettie 
John Richie. 



Magnus Mowat Apparent 
of Baquhollie v. Alexr. 
Annandof Auchterellom 1 . 



Town and Lands of Litill 
Gowill with salmon fishing 
on the Don with Miln &c., 
&c. Also the town and 
lands of Swailend. Little 
Gowill, &c. held of George 
Sincler of May for annual 
feuduty of 10. Swailend 
held blench of William Innes 
of Swailend for payment of 
id. Old and present value 
of Gowill &c. 10. Old 
value of Swailend IO/- 
Present value 4O/- Prede- 
cessor died on 8 October, 
IS94- 

Shadow third part of the 
North half of Tulligrig. 
Sasine 31 Deer. 1575. 
Notary Mr. Wm. Setoun. 



The town and lands of Fischer- 
brigis (Supra p. 329). The 
defender is designed as 
brother to Alexr. Forbes of 
Fingask. 

The town and lands of Tempil- 
toun of Auchterles. This 
case and most of the others 
on the roll this day were 
continued to the " Alhal- 
low" or " Hallow" Court. 

Whole effects and rents, &c. 
Cautioner Alexr. Leslie bur- 
gess of Abd. 



339 



Aberdeenshire Sheriff Court: 



Date. Nature of Entry. 

1595. List of Jury on Inquest. 
Octr. 9. 



Special Service. 



Parties. 

Thomas Burnet of Clunie. 
Gilbert Orumeof Carndey. 
Robert Hog. 
John Leang. 
John Collisoun. 
George Knowis. 
John Banerman. 
Mr. Robert Chalmer. 
David Menzeis Junior. 
Thomas Donaldsoun. 
Patrick Forbes. 
Patrick Huntar. 
Arthur Davidsoun. 
James Banerman. 
Robert Forbes. 

burgesses of Abd. 

George Bannerman of 
Wattertoune brother of 
Patrick Bannerman. 



Subject or Res Gestae. 



A quarter of Litill Auchmacoy 
in the parish of Logic. Old 
value 2 marks. Present 
value 4 marks. Held of the 
Crown for service of ward 
and relief. Predecessor died 
on 4 Novr., 1571. Inde 
in nonentry 23 years and 1 1 
months. 



1 8. Loosing of Arrestment. 



24. Loosing of Arrestment. 



Loosing of Arrestment. 



Jonet Abirnethie widow of 
Robt. Gordoun of Hal- 
heid v. John Lumsden 
of Cushnie and John 
Merteyne. 

The Crown, the Fiscal and 
James Lesly, burgess of 
Abd. v. Alexr. and 
Andrew Stewynis bax- 
ters burgesses of Abd. 

The Crown, the Fiscal and 
Andrew Robertsoun v. 
David Andersoun alias 
Walker and James An- 
dersoun his son in 
Milhill. 



Growing crop upon the Scheil- 
feild. Cautioner Alexr. 
Mortimer in Abd. 



All their effects. Cautioner 
Gilbert Stewyne, Baxter. 



All their goods and gear. 
Cautioner Henry Patrie 
burgess of Abd. 



31. Obligation for payment of 
money. 



Removing, Action of. 



Andrew Hervie flesher in 
Abd. To David Findley 
in Kylmuk. 



Paul Menzeis of Kirkhill 
v. Duncan Russall in 
Gilcomestoune. 

34 



The sum of 10 marks upon a 
charge of six days under the 
pains of poinding and horn- 
ing. 

Shaddow four oxingang of 
Gilcomstone. Sasine dated 
6 June 1594. Notary 
Walter Robertsone. 



Diet Books: Vol. V., Contents 



Date. 



XT I595 ' 
Novr. 20. 



Nature of Entry. 
Decree of Transumpt. 



Parties. 

John Leslie of Balquhane 
v. Thomas Bruce in 
Wodtoune. 



10. Dischargeand Redemption. 
( This and the four follow- 
ing entries are entered out 
of date in the Diet Book.) 

n. Ratification. 



Discharge and Redemp- 
tion. 



Dischargeand Redemption. 



Obligation of Relief. 



Adam Wat at the Milne 
of Logydurnoche to John 
Leslie of Balquhane. 



Elspet Spens spouse of 
Norman Leslie in Sandis- 
toune. 



Norman Leslie, burgess of 
Abd. nowinSandistoun 
to the Laird of Bal- 
quhane. 

John Leithe of Luesk to 
Balquhane. 

Norman Leslie as princi- 
pal, Sir Thomas Gor- 
doune of Cluny and 
John Gordoune of Glen- 
bucheat cautioners to 
Balquhane. 



Subject or Res Gestae. 

The action was for exhibition 
of the Protocol Book of the 
late William Bruce, Notary 
public, designed as "sum- 
tyme Shref Clerk of Abd." 
in order that an authentic 
copy might be taken from it 
of an Instrument of the 
Lands and Barony of 
Boquhane and others in 
favor of the said John Leslie 
dated 9 and 10 Novr. 1573. 
This was authorized by the 
Sheriffs depute after evidence 
had been led ; but the 
Instrument was not copied 
into the Diet Book. 

1000 merks lent over the New 
Mylne of Logydurnoche and 
pertinents, which are de- 
clared to be redeemed. 

Of Renunciation and Redemp- 
tion by her husband of the 
Shadow plough of Petoie in 
favour of John Leslie of 
Balquhane, dated 20 May 
'594- 

^1000 lent over the Nether- 
toune of Knokinblewi.s, 
which is declared to be 
redeemed. 

4000 merks lent over the 
Kirktoun of Logydurnoche 
and Ailhouse croft thereof. 

It seems that Norman Leslie 
had been at the horn and 
that the sisters of the late 
James Earl of Moray, as 
having the gift of his escheit 
and liferent had used arresl- 
ment in Balquhane's hands. 
In spite of this Balquhane 
had repaid to Norman Leslie 
the ;iooo above mentioned. 
The obligation here put on 
the books was to keep him 
safe. The deed was signed 
at Aberdeen on II Novr., 
among the witnesses being 
Robert Keyth of Benholme, 
Mr. Thomas Leslie, burgess 
of Abd., and Mr. Wm. 
Reid, who was the writer 
of it. 



341 



Aberdeenshire Sheriff Court: 



Date. Nalure of Entry, 

'595- Loosing of Arrcstment. 
Novr 20. 



Loosing of Arrestment. 
List of Jury on Inquests. 



Tutory. 

General Service. 
General Service. 
Deer. II. Loosing of Arrestmenl. 

12. Loosing of Arrestment. 
Loosing of Arrestment. 



Subject or Res Gestae. 

Goods and gear, and specially 
fourteen score marks in the 
hands of Martin Clerk in 
Auld Abd. The cautioner 
was Andrew Donald in 
Bonytoune. 

Corn crop. Cautioner Mr. 
William Leslie of Warthill. 



Parties. 

John Touche, burgess of 
Abd. and Margaret 
Clerk v. James Clark. 



John Forbes of Echt v. 
Barthol Leslie at Milne 
of Dyce. 

Alexander Forbes. 
James Robertsoun. 
Walter Collisoun. 
John Leang. 
Robert Forbes Senior. 
Andrew Tullidaf. 
Andrew Gaw. 
David Lindsey. 
John Sanderis. 
Gilbert Dune. 
Thomas Phynnie. 
Thomas Gray. 
Patrick Gray Senior. 
Walter Ronaldsoun. 

burgesses of Abd. 
William Cruikschank in 
Cottoun. 



Marjory Steuart, daughter Wm. Steuart, uncle of the 
of James Steuart of pupil, is appointed, for 
Rannalauchie. whom Alexr. Forbes, bur- 

gess of Aberdeen, becomes 
cautioner. 

Marjory Steuart to her 
father. 



Marjory Steuart to her 
brother George. 

David, Bishop of Abd. v. 
Bartholl Leslie. 



Procurator Fiscal v. John 
Sanderis. 



Corns beir and oats in the yard 
at Tulligrig. Cautioner 
George Elphingstoun bur- 
gess of Aberdeen. 

Goods and geir. Cautioner 
Robert Sanders, Couper, 
who was also surety that 
John should appear to take 
his trial on 30 December. 

Mr. Thomas Leslie, bur- Goods gear and merchandise, 

gess of Abd. v. George Cautioner Alexr. Ruther- 

Strauquhan burgess of ford burgess of Abd. 
Abd. 

342 



Diet Books: Vol. V., Contents 



Date. 

1595- 
Deer. 1 8. 



Nature of Entry. 
List of Jury on Trial. 



Manslaughter 
stalling. 



and For- 



Parties. 

Barrel Gib in Schedochis- 

ley. 

John Kennedy there. 
Alexr. Ronaldsone there. 
Wm. Burnat in Newhills. 
David Sted there. 
Andrew Robertsoun there. 
Duncan Matthowsoun there. 
John Howat there. 
Abraham Robertsoun there. 
Thomas Norvell there. 
Gilt>ertAbirdour in Garden. 
John Galloway in Auchlie. 
Robert Norie in Cayrnie. 
James Germst there and 
John Galloway there. 

Procurator Fiscal v. Alexr. 
Thome in Kirktoun of 
Skene. 



Subject or Res Gcstae. 



Acquittal by Jury. 



Caution or Bail 
not specified). 



(charge Thomas Findlay. 



Caution or Bail and also 
for loosing arrestment. 



20. Spuilzie, Decree of. 



Robert Arthour of Kingis- 
wallis is cautioner for entry 
of accused on 20 Deer, 
under pain of xl lib to 
underly the law "for sic 
things as sal be laid to his 
charge." Private prose- 
cutors bound over under 
pain of xxx lib to pursue. 

TheCrownandPror. Fiscal Andrew Burges becomes 
v. John Galloway. cautioner for entry of Gal- 

loway on 3 January and 
also for loosing arrestment. 

John Richie at the Kirk of Two cows one with calf, and 



Auchterles v. Georg_ 
Gordoun of Dilpersie 
and Wm. Lamb in Ovir 
Rothy. 



Act of Caution for dues of The Crown v. John Wod. 
an Entry. 



Spuilzie, Decree of. 



22 wedders. Price of each 
wedder 4O/- Price of each 
of the cows overhead 10. 
Excrescent profits of the 
cows 10 marks. Modified 
expenses of action 10. 

Wm. Robertsoun elder in the 
Gallowgait is security for 
giving Wod entry and Sasine 
of the Mill of Fintray and 
for " peyment to the said 
Shref of the seising ox. " 

Andrew Miln in Haltoun Five ewes and five lambs. 



of Balhelveis v. John 
Bayne in Estir Ardoche. 



343 



Price of each ewe 4O/-, of 
each lamb i6/- Excrescent 
profits of each ewe io/- 
Expenses of process n 
marks. 



Aberdeenshire Sheriff Court : 



Date. 

1595-6. 
Jany. 3. 



Nature of Entry. 
Loosing of Arrestment. 



List of Jury on Inquests. 



General Service. 



General Service. 



Special Service. 

( ' Inqiiisilioues Spcciales 
No. 563. Also Am. A. 

&> B. /. 126-7. ; 



Parties. 

Laird of Cragiver v. 
Kobertsoune in Corss. 

John Philpof Johnestoune. 
John Crag in New Flinder. 
John Gordoun in Drym- 

meis. 
William Andersone in 

Bonytoune. 
James Gordoun of Tulli- 

angous. 
Norman Leslie in Maling- 

syde. 
John Cruikshank of Tulli- 

morgyne. 

William Cruikshank Ap- 
parent of Tullimorgyne. 
William Lindsay in Bred- 

furde of Auchlevin. 
Patrick Leslie in Cheppil- 

toune. 
John Walker in Auld 

Leslie. 
William Leang in Drum- 

gowan. 
William Johnestoune in 

Innerourie. 
George Leang, burgess of 

Abirdene. 

William Wallace do. 
Mr. Robert Elphingstoun 

Tutor of Glak. 
George Elphingstoun bur- 
gess of Abirdene. 

Andrew LeslieofNew Les- 
lie, nephew of Michael 
Leslie in Lytill Warthill. 

Alexr. Leslie in Innerourie 
brother of William Les- 
lie, burgessof Innerourie. 



Subject or Res Geslae. 

Cautioner John Forbes of 
Poflug. 



The said 
brother 
Leslie. 



Alexr. Leslie 
of William 



Transumpt, Decree of. George Erie Marschell. 



344 



The half of the Shadow half 
Lands of Barrauche in 
Bourty, ij Roods in Inver- 
urie and also the subjects 
called the "Castelhill and 
Castelyairds" of Inverurie. 

Various title deeds of Seaton 
and of salmon fishings on 
Nether Don. The Deeds 
are specified but not copied 
in the Diet Book. 



Diet Books : Vol. V., Contents 

Date. Nature of Enlry. Parties. 

1 595-6. Head Court. List of 
Jany. 13. Absents. 



Subject or Res Gestae. 



List of Jury on Inquests. 



Magnus Mowat apparent 

of Baquhollie. 
Alexander Wod of Colpnay. 
Alexander Spence of Bod- 

dume. 

William Turing of Foverne. 
Thomas Fraser of Duris. 
John Straquhan of Tibber- 

tie. 
William Irving apparent 

of Murthill. 

James Gordoun of Barrak. 
Alexander Leslie of Bal- 

quharne. 

Andrew Knokis of that ilk. 
Alexander Chalmer of 

Balnacrag. 
Alexander Cheyne of 

Auchry. 

John Ross of Auchlossin. 
John Straquhan burgess of 

Abirdene. 

Oliver Udnie do. 

Andrew Tullidaf do. 
John Tullidaf do. 



Service. Terce. 



Elizabeth Forbes widow 
of Alexr. Forbes, Fiar 
of Tollie. 



Terce of Sonnahard, Balna- 
bothe, CulquhacheUescorie, 
Eister Corrihoul and half 
Forrest of Corgarff belong- 
ing to it. Auldgarf, Wester 
Corrihoul and half Forrest 
of Corgarff belonging to it. 
Over Kinbethok Rippaquhie 
and Croft Mureell, Culfork 
and Cowfurd. 



Special Service. 

( Inquisitiones Speciales 
No. 564.) 



Alexr. Tullidaff, grandson 
of Alexr. Tullidaf. 



Lands of Raneistoune in the 
Barony of Tullidaff. Pre- 
decessor died in August 
1584. 



Special Service. 



Alexr. Tullidaff son 
Andrew Tullidaff. 



of Lands of Mostoun in Barony 
of Tullidaff. Old value 2O/- 
Present value ^4. Prede- 
cessor died in the end of 
March, 1595. 



XX 



345 



Aberdeenshire Sheriff Court : 



Date. Nature of Entry. 

1 595-6- Removing, Action of. 
Jany. 13. 



Spuilzie, Action of. 



Rents, Action for. 



15. Transferring, Action of. 



1 6. Delivery, Decree of. 
Removing, Decree of. 

31. Procuratory for service. 
Protestation. 



Parties. 

Robert Dempster son of 
Thomas Dempster of 
Auchterless v. John 
Crag elder and younger 
in Knokleyth. 



Mr. John Merser, Minister 
at Methlik v. Wm. 
Joffray in Kirkhill. 



Christian Fraser, widow of 
Alexr. Setoun fiar of 
Meldrum and wife of 
Alexr. Forbes of Fingask 
v. A number of tenants 
on Meldrum. 

Mr. Robt.Chalmer, burgess 
of Abd. v. Meriore 
Knows widow of Magnus 
Keyth portioner of Fyn- 
nersie, Gilbert Keyth 
his son and heir and his 
tutors and curators and 
Mr. Gilbert Keithe in 
Auchquhorsk and An- 
drew Leyth in Aucher- 
nie, Executors or uni- 
versal intromitters with 
his estate. 

Alexr. Cheyne in Auchrie 
v. John Forbes in 
Watterecht. 

Andrew Forbes, Litster in 
Abd. v. Andrew Forties 
Yr. in Abd. and James 
Nicolsoune. 

Janet and Mettie Irvingis 
daughters of Robert 
Irving in the Lasts. 



Gilbert and Colin Club 
and William Ratie. 



34 6 



Subject or Res Gestae. 

The Pursuer's title was a lease 
from his father dated I 
Jany. 1594. The laird of 
Frendraucht claimed to be 
and was admitted for his 
interest, but after various 
procedure decree of remov- 
ing was pronounced on 23 
April 1596. 

A diet of proof. Subject mat- 
ter not stated. Decree 
passed in absence on 28 
Jany. 

The Pursuer's Sasine was 
dated 3 May 1595. Notary 
Mr. Andrew Clerk. This 
case was advocated on 28 
Feby. following. 



This action appears first in 
this diet book on 25 June 
1595 when Magnus Keyth 
was still alive. His defences 
were then repelled. Wit- 
nesses were examined on 31 
July, the Defender being 
still Keyth ; but on October 
31 the widow and others 
were called. At the present 
sitting there was no appear- 
ance for them, and they 
were held as confessed. 

Delivery of a horse. 



Rudrestoune and salmon fish- 
ing on Dee with cobles, nets, 
&c. Sasine dated 1 8 March 
1594. Notary John Leslie. 

To be served to their grand- 
father and grandmother 
Alexr. Irving and Margaret 
Allardes in the Lands of 
Badinscoth and the Lasts. 

These persons appear to 
answer to a charge of mur- 
der of Innes and 
protest because no one 
insists in the prosecution. 



Diet Books: Vol. V., Contents 



Date. 

IS95-6. 
Jany. 31. 



Nature of Entry. 



Tutory. 



List of Jury on Inquest. 



General Service. 



List of Jury on Inquests. 



Parties. 

Hector and Adam Abir- 
crummies. 



Subject or Res Gestae. 

Mr. George Abircrummie of 
Over Garden, Commissary 
of Aberdeen, takes oath de 
fideli and names cautioner. 



John Forbes of Poflug. 
Henry Forbes burgess of 

Abd. 

James Leslie do. 

Alexander Leslie of Bal- 

quharne. 

James Leslie in Brigend. 
Walter Leslie burgess of 

Abd. 
James Gordoun of Knokes- 

pack. 
Andrew Forbes burgess 

of Abd. 

John Forbes of Bairnis. 
Hugh Calder of Assuanlie. 
Alexander Forbes of Fin- 

gask. 
Thomas Forbes Senior 

burgess of Abd. 
Alexander Forbes, Baillie, 

Abd. 

Gilbert Orume of Carnday. 
James Forbes burgess of 

Abd. 

John Leslie son of Norman 
Leslie. 

William Gordoun of Auch- 

indoir. 
Patrick Gordoun of Auch- 

menzie. 
Mr. Alexander Gordoun 

Chancellor of Moray. 
George Gordoun of Cow- 

clarauchie. 
William Gordoun of Bal- 

gowne. 

John Gordoun of Brekay. 
William Gordoun of Tulli- 

angous. 
Andrew Leslie of New 

Leslie. 

John Leslie of Lairgie. 
Robert Spence of Greyn- 

hall. 
Thomas Cuming of Kil- 

duthie. 
George Innes apparent of 

Newbiging. 
John Gordoun of Drym- 

meis. 
James Leslie burges? of 

Abirdein. 



347 



Aberdeenshire Sheriff Court : 



Date. Nature of Entry. 

1595-6. Special Service. 
Jany. 31. ( Inquisitiones Specials 
No. 565.) 



Parties. 

Hugh Calder, son of 
Kobert Calder. 



Subject or Res Gestae. 

Lands of Ower Assuanlie and 
Carnagat, Nether Assuanlie, 
Eister Kinpark with half of 
Newbigging in Barony of 
Huntlie. Predecessor died 
in October 1594. 



Special Service. 

(Ibid. No. j66.) 



Janet Irving grand- 
daughter and heir 
portioner of Alexr. 
Irving. 



The lands of Lastis in the 
Barony of Culler. Also the 
lands of Over and Nethir 
Contlayes and Robertsoun 
in warranty of the Lastis. 



Special Service. 



Metilda alias Meatie 
Irving the other grand- 
daughter and heir por- 
tioner of Alexr. Irving. 



As above. 



General Service. 



Janet Irving grand- 
daughter and heir of 
Margaret Allirdes. 



General Service. 



Metilda alias Meatie 
Irving the other grand- 
daughter. 



List of Jury on Inquest. 



James Fraser in Cowburtie. 
Walter Leslie. ~\ 

Thomas Forbes. 
George Elphingstoune. j 
Alexander Forbes. J 

Robert Keyth in Pettin- 

drum. 

Simon Quhyt in Auchry. 
John Quhyt in Fraseris- 

burghe. 
Alexander Ramsay in 

Auchry. 

James Clerk in Houssahill. 
William Bissat in Auch- 

rynnie. 
James Chalmerat the Mill 

of Streichin. 
William Chalmerin Auch- 

quhortie. 
William Torrie in Auch- 

meledie. 

John Youngsone there. 
James Torrie there. 
Gilbert Orum of Carneday. 



burgesses 

of 
Abd. 



348 



Diet Books: Vol. V., Contents 



Date. Nature of Entry. 

1 595-6. Special Service. 
Jany. 31. ( fnquisitioncs Speciales 
No. 4j6.) 



Parties. 

Mr. William Quhyt, son of 
John Quhyt in Ardlahill. 



Subject or Res Gcstae. 

The shadow two part town 
and lands of Cowburtie in 
the Barony of Phillorthe, 
held of Sir Alexr. Fraser of 
Phillorthe and Fraserburgh, 
for feuduty of $ .6.8 
annually. Predecessor died 
in October 1590. 



Breach of Arrestment, Mr. Win. Barclay, Procura- 
Action of. tor Fiscal and Andrew 

Andersoun for his in- 
terest 71. Andrew Barrie 
and others. 



No places are named. 



Loosing of Arrestment. 



Sir Alexr. Fraser of Fraser- 
burgh v. Wm. Reid in 
Den-end. 



Cautioner, Andrew Meldrum 
of Auchquhortie. 



Loosing of Arrestment. 



Aluxr. Forbes of Fingask Cautioner Magnus Ogstoun in 
v. Ogstoun. Skilmane. 



Repair of Bridge of Don. 



Majority of the Barons of 
the County. 



Elect John Leslie of Balquhane, 
Alexr. Irving of Drum, 
William Forbes of Tol- 
quhone, Sir James Creich- 
totin of Frendraucht, David 
Bishop of Aberdeen and 
Thomas Menzeis of Durne 
Provost of Aberdeen, as 
taxters to impose taxation 
to repair bridge. 



Election of Commissioners 
to Parliament. 



Majority of Barons of the 
County. 



John Leslie of Balquhane and 
Sir Alexr. Fraser of Fraser- 
burgh were elected until 
Michaelmas 1596. 



Feby. 5. Loosing of Arrestment. 



James Mernis in Tempil- 
land v. George Gordoun 
of Terpersie. 



10. Renunciation of possession. 



Martin Clerk, Citiner in 
Auld Abd. and Robert 
Gray in Setoun. 



Cautioner George Lamb in 
Kothne. An action of 
Spuilzie at the instance of 
Mernis against Gordoun and 
one Andrew Scott was in 
court at this time. 

Renounce in favor of George 
Erie Marschell and Dame 
Margaret Hume his wife, 
" the toun and landis of 
BischopisWairdandCuning- 
har in the parish of St. 
Machar. 



349 



Aberdeenshire Sheriff Court: 



Date. 

I595- 6 - 
Feby. 16. 



Nature of Entry. 
Loosing of Arrestment. 

Tutory. 

List of Jury on Inquest. 



Special Service. 



Parties. 

Nicol Ross, Fear of Auch- 
lossin v. Andrew 
Farquhar in Milntoun 
of Auchlossin. 

Hector and Adam Abir- 



17. Miln Multures, Action of. 



Subject or Res Gestae. 

Cautioner Charles Mar, bur- 
gess of Aberdeen. 



This seems to supersede entry 
of3ijany. George Elphing- 
stoune, burgess of Aberdeen 
is Cautioner. 



James Cheyne of Straloche. 
John Cruikshank of Tulli- 

morgyne. 

John Lyoun of Comelege. 
Alexr. Cruikshank. "\ 

Wm. Wallace. 
Jas. Steuart Senior. j 

John Merser. J 

David Car in Old Abd. 
Robt. Reid. \ burgesses 
Jas. Troup. j- of 
Jas. Kennedy. J Aberdeen. 
George Allirdes in Brukells. 
John Paxtoun in Baddin- 

scott. 
Mr. Thos. Gordoun at 

Mill of Bogne. 
Wm. Cheyne at Mill of 

Carnefechill. 

John Leslie son of Norman 
Leslie in Beggishill. 



Robt. Dempster son of 
Thomas Dempster of 
Auchterless v. Wm. 
Cruikschank of Fischer- 

furd. 

Andrew Murray there. 
Wm. Lamb in Reidhill. 
John Cruikschank in 

Brukills. 
George Allirdes in Baki- 

hill. 
Wm. Cruikschank in 

Logyaltoune. 
Jas. Cruikschank there, 
fas. Thomesoune there. 
David Rothnie Alexr. 

Young tenants of 

Halsiewalls. 

35 



burgesses 

of 
Aberdeen. 



Shadow part of the town and 
lands of Monelie called the 
Newtoun of Monalie in the 
Barony .of Frendraucht. Old 
value 5/- Present value 
2O/- Normand Leslie died 
January 1588. 

The Pursuer produced an 
Assignation by his father 
dated 30 September 1587 
and an extract of the heads 
of a contract between his 
father and Wm. Gordoun of 
dated 2 May 1587. 
The defenders did not ap- 
pear and proof was allowed 
to the Pursuer. 



Diet Books: Vol. V., Contents 



Date. Nature of Entry. 

1595-6. Miln Multures, Action of. 
Feby. 17. continued. 



28. Violent Profits, Action of. 



March 4. Nature of Action not 
disclosed. 



List of Jury on Inquests. 



Parties. 

Agnes Cristall in Len- 

shanthe. 

John & Thomas Demp- 
ster in Knokleyth. 
John Craigs elder and 

younger there. 
Mr. Jas. Lindsey in 

Cushnie (?). 
Mr. Wm. Meldrum of 

Haltoun. 
Charles Symmer in 

Fluris. 
George Dempster in 

Ardley. 
Gilbert Bothe. 
Thos. Meldrum in 

Overbray. 

James Kennedy of Carmuk 
with consent of his cura- 
tors Mr. Patrick Cheyne, 
Advocate, WalterCheyne 
of Arnage, Wm. Ken- 
nedy & Wm. Straquhan 
fear of Tibbertie v. 
Alexr. Annand of Auch- 
terellon and others. 



Thomas Fraser of Duirs v. 
John Irving of Pet- 
murchie, Andrew 
George, William Ettir- 
schank, Thos. Cultis, 
Charles Scott, John 
Scott, John Beg, John 
Elmslie, and Mr. John 
Straquhan. 

George Strachachin. 
Alex. Forbes. 
Alex. Mollisoun. 
Robert Chalmer. 
James Straquhan. 
James Davidsoun Senr. 
John Fergowsoun. 
Patrick Hunter. 
Andrew Brabner. 
James Kennedy. 
John Duncane. 
Wm. Thomsoune. 
John Sanderis. 
Andrew Barcar. 
Lawrence Mercer. 

all burgesses of Aberdeen. 

35 * 



Subject or Res Gestae. 



This case in which the Sheriff 
depute had put his interlocu- 
tor in writing on 31 July had 
been advocated to the Court 
of Session and remitted back 
bythemfordisposal. On this 
day the former interlocutor 
repelling the defences was 
pronounced. The entry in 
the Diet Book appears to be 
signed " Ballquhane" ; but 
the genuineness of the sig- 
nature is open to doubt. 

The Pursuer produced Sasine 
of the lands of Stranduf 
dated 20 September 1561. 
Notary Thomas Davidsoun. 



Aberdeenshire Sheriff Court: 



Date. Nature of Entry. 

1595-6. Service. Tutory. 
March 10. 



Service. Tutory. 
General Service. 

12. Removing, Action of. 



Parties. 



Subject or Res Gestae. 



Loosing of Arrestment. 



Hector Abircrummie son Mr. George Abircrummie of 
of Alexr. Abircrummie Over Garden, Commissary 
of Petmedden. of Aberdeen, served as 

nearest Agnate. 

Adam Abircrummie Same as foregoing, 
brother of Hector. 

Robert Merschell brother 
of Archibald Merschell 
in Kindrocht. 



George Setoun of Auchin- 
huiff v. Christian Ander- 
soune and Andrew 
Robertsoun her husband. 



Jane Keyth, widow of 
Adam Gordoun in Wark 
v. Thomas Gordoun in 
Miln of Dyss, James 
Walker.reidar at Cushnie 
and Alexr. Lumisden 



This case had been in Court 
for a considerable time. 
This entry contains the 
Pursuer's objections to a 
Decree Arbitral produced 
by the Defenders, which is 
stated to be, on various 
grounds, an improbative 
document. 

Corn cattle and other goods 
and gear belonging to 
debtors. Cautioner Adam 
Gordoun in Pen? who sub- 
scribes. 



Removing, Decree of. 



19. Recal of Procuratory. 



22. List of Jury on Inquest. 



Andrew Forbes, Litster Sunny half lands of Ruthres- 
burges of Abd. v. James toune in the Barony of 
Nicolsoun. Bairnis by annexation and 

parish of St. Machar. 

Thomas Findley in Kingis- Recals procuratory to Mr. 

walls. Arthur Watt and appoints 

Mr. William Anderson. 
John Johnestoun of that Ilk. 
James Gordoun of Haddoch. 
James Cheyne of Straloch. 
Wm. Udnie of that Ilk. 
Alexr. Wode of Colpney. 
John Forbes of Thorne- 

toune. 
Mr. Francis Cheyne of 

Craigie. 
George Banerman of 

Watertoune. 
Robt. Johnestoune of 

Cremond. 
Mr. Robt. Irving of Mon- 

cuffer. 
Gilbert Menzeis of Pet- 

foddells. 
Wm. Straquhan fiar of 

Tippertie. 

John Forbes of Poflug. 
John Straquhan of Tib- 

bertie. 
Henry Forbes of Keppilhill. 

352 



Diet Books: Vol. V., Contents 



Date. Nature of Entry. 

1595-6. Special Service. 
March 22. ( Inquisitiones Speciahs 
No. 568.) 



Parties. 

Wm. Forbes son and heir 
of Wm. Forbes of Tol- 
quhone. 



25. Loosing of Arrestments. 



1596. Nature of Action not dis- 
Apl. 3. closed. 



Nature of Action not dis- 
closed. 



Nature of Action not dis- 
closed. 



Spuilzie, Action of. 



Robert Deugude of Auchin- 
huif v. Thos. Ray in 
Tullilair and John Ross 
in 

Andrew Leyth of Carne- 
tradleyn v. Mr. Thos. 
Lumsden parson of 
Kinkell. 

James Gordoun of Knokes- 
pack v . Tenants of Clatt 
and Towie (none named 
except John Robertson 
elder and younger in 
Towie). 



George Ker of Benvells v. 
Alexr. Forbes of Fin- 
gask. 



John Lumsden of Cushnie 
v. Donald Roy, John 
Mackhardie, Wm. Moir 
McAllaster, Duncan 
Oig, John Moir Mc- 
Allaster, Findlo Mc- 
Ilardie, John McCory, 
Peter Mackcomie, John 
Roy Cristestoun. 



Subject or Res Gestae. 

Narrative of presentation of 
Brieve and Petition with 
two Sasines dated 9 Deer. 
1549 and 16 Deer. 1536, 
the former in favour of the 
late Wm. Forbes, the latter 
in favour of the late Alexr. 
Forbes. Lands and Barony 
of Tolquhone, &c. Annual- 
rent of 2O/- from Mill of Tifty . 
Old value 20. Present 
value 80. Ancestor died 
on 17 Febry. 1595. 

Goods gear and debts of both 
arrested and each debtor 
caution for the other. 



YY 



353 



Defences lodged. 



Defenders complain that the 
Pursuer has not lodged his 
productions with the Clerk. 
Pursuer then produced a 
Decree of the Court of 
Sessionand copy of a Charter 
from the Bishopof Aberdeen, 
whereupon Defences were 
ordered on 2Ist. 

Pursuer stated that Defender 
had no status to defend 
because he was " ordourlie 
denuncit rebell and lying at 
the home," and proved it 
by production of an Extract 
horning. 

Donald Roy and John 
McHardie in Bray of Mar 
confessed that they had 
bought ten sheep, which 
they were willing to give 
up to the true owner on 
proof of ownership. The 
Sheriff "protested for the 
King's part of the said geir," 
and the case was continued 
to give the defenders an 
opportunity of calling the 
persons from whom they had 
purchased the sheep ; but 
after a number of formal 
continuations, the case 
disappears. 



Aberdeenshire Sheriff Court : 



Date. 



Nature of Entry. 



1596. List of Jury on Inquest. 
Apl. 20. 



Special Service. 



Caution or Bail. 



Renunciation, Discharge 
and Transfer of farm 
stock. 



Renunciation and Dis- 
charge. 



Loosing of Arrestment. 



List of Absents. 



Parties. Subject or Res Gestae. 

Martin Howesoun. 
Thos. Forbes, Senior. 
Robert Forbes, Junior. 
David Lindsey. 
Andrew Schevas. 
Patrick Hunter. 
Mr. Patrick Skeyne. 
Lawrence Merser. 
John Merser. 
Wm. Lorymer. 
John Leang. 
Wm. Jak. 
George Leang. 
George Elphingstoun. 
Patrick Forbes, Senior, 
all burgesses of Aberdeen. 

Patrick Forbes, son of Town and Lands of Kynmuks 

George Forbes of Kyn- in the Regality of Lindores 

muks. and Parish of Kinkell held 

for an annual feuduty of 

.21.9.2. One year and 

4 months in non entry. 

Mr. Richard Irving, burgess, 
is Cautioner to enter Arthour 
on the I $th May before the 
Lord Lieutenant or his 
depute to answer to the 
crimes contained in his 
Lordship's precept. 

Renounces Carnadellie in 
favor of Walter Cheyne of 
Arnage and transfers his 
whole stocking and effects 
to James Buchane in Ullaw 
of Esslmonthe in relief of 
his cautionary obligation 
for the rents of Carnadellie. 

Elspet Tullidaf widow of The lady and her husband 
and wife of renounce their possession 
of Coklay in favor of John 
Keyth of Ravynscrag. The 
pursuer was represented by 
Mr. Thomas Bissat, Minis- 
ter at Peterhead. 

Each debtor cautioner for the 
other. 



Robert Arthour, burgess 
of AM. 



Robert Watsoun in Carna- 
dellie in Barony of 
Arnage. 



Gilbert Robertsoune in 
Coklay. 



Alexr. Annand, younger 
of Auchterellone v. Wm. 
Philp in Litill Arnage 
and Jas. Annand in 
Auchterellone. 



354 



Sentence of Fine on absent 
Barons and discharge of 
absent Mair deputes. 



Diet Books: Vol. V., Contents 



Date. Nature of Entry. 

1596. Loosing of Arrestment. 
Apl. 21. 

Removing, Decree of. 



Edict of Curatory. 



22. Protest. 



24. Loosing of Arrestment. 



27. List of Jury on Inquest. 



Subject or Res Gestac. 

Cautioner George Elphings- 
toun, Saddler, burgess of 
Aberdeen. 

Defender having deserted " his 
tak " of three oxengait of 
the North plough of the 
North town of Ardoyne is 
ordained to re-enter and pay 
his rent, or failing his doing 
so, to remove. 

Chooses Mr. George Abir- 
crummie of Overcarden, 
Commissary of Aberdeen, 
for whom George Elphins- 
toun, Saddler, is Cautioner. 
The relatives on the father's 
and mother's side who were 
called were Mr. George, 
Mr. Walter and Robert 
Abircrummie, Alexr. Forbes 
of Gellane and Robert 
Forbes of Brux. 

Patrick Andersone in Andersone and the others 



Parties. 

Wm. Leyth of Creychna- 
laid v. James Cheyne 
there. 

fames Leslie of Ardoyne 
v. Alexr. Thomsoune 
sometime there. 



William Abircrummie. 



Rothmais, Wm. Andrew 
in Kintor, Thomas 
Mackie there and James 
Kellie in Brigailhous v. 
Allan Gordoun, officer. 



Jeane Wod, widow of 
Wm. Setoun at the Mill 
of Balcarne v. Patrick 
Chessour. 

John Gordoun of Tullihilt. 
Robert Gordoun of 

Sauchok. 

John Gordoun in Fintrey. 
John Chalmer of Bal- 

bithane. 
Charles Chalmer of Tulli- 

kirie. 
Andrew Chalmer portioner 

of Wester Disblair. 
Gilbert Baird of Auch- 

medden. 

Alexr. Chalmer of Cultis. 
James Gordoun of Blak- 

hillok. 
Thomas Cuming of Kil- 

duthie. 

James Troup in Brunthill. 
Wm. Gray, burgess of Abd. 
Mr. Robert Chalmer, d .. 
Patrick Hunter, do. 

Wm. Lorymer, do. 

355 



protest that having been 
cited by Gordoun they are 
there present to answer, but 
that as he is not, he ought 
to pay their expenses and be 
deprived of his office. 

The debtor's whole beir. 
Cautioner James King, 
burgess of Aberdeen. 



Aberdeenshire Sheriff Court: 



Date. 



Nature of Entry. 



1596. Special Service. 
Apl. 27. 



Parties. 

George Baird, son of 
Andrew Baird of Wit- 
tinghill. 



29. Admission of Mair Depute. 
May 4. Loosing of Arrestment. 

Loosing of Arrestment. 



Alexr. Robertsoun. 



James Forbes in Turriff v. 
James Cocker in New- 
bray. 

Sir James Creichtoun of 
Frendraucht v. Wm. 
Elmslie, Henry Allir- 
dessand William Skeyne 
all tenants of Darley. 



8. List of Jury on Inquest. 



Subject or Res Gestae. 

Lands of Auchquhache in the 
Barony of Fedderet and 
LandsofWittinghill. Auch- 
quhache, Old and new value 
8. Wittinghill Old value 
IO/-, New value 4O/- 
Auchquhache held of the 
laird of Fedderet for pay- 
ment of a feuduty of 8. 
Wittinghill held blench of 
the heirs of Wm. Craufurd 
of Creiche then apparent of 
Fedderet and at the date 
of the service in the 
hands of Fraser, 

widow of Wm. Craufurd of 
Fedderet as conjunct fiar. 
The lands of Auchquhache 
in the hands of Margaret 
Mowat, widow of Andrew 
Baird, who died in April 
1580. 

Cautioner Abrahame Creich- 
toun. 

All the debtor's goods and 
geir. Cautioner Andrew 
Meldrum in Perk of Fyvie. 

All the debtors' "guids geir 
hors meiris nolt scheip 
cattel cornis insicht pleniss- 
ing gold siluer cunzeit and 
uncunzeit debts contractis 
obligatiouns and utheris 
guids and geir." Cautioner 
Andrew Meldrum of Rothy- 
birsbane. 



Alexr. Spens of Boddum. 
Wm. Leslie of Warthill. 
George Leslie of Hillbray. 
John Cruikshank of Tull- 

morgyne. 

John Leithe of Luesk. 
John Leyth of Quhyt- 

hauche. 
Alexr. Leslie of Rathis of 

Dyce. 
Bartholemew Leslie in 

Feirnyweill. 
John Hammiltoun of Ard- 

begs. 
Wm. Cruikshank of Fisher- 

furde. 

fames Spence in Inche. 
George Elphingstoune. 

356 



Diet Books: Vol. V., Contents 



Date. Nature of Entry. 

1596. List of Jury on Inquest. 
May 8. Continued. 



Special Service. 



Parties. 

John Robertsoun in Chep- 

piltoune. 
Duncan Leslie burgess of 

AM. 

John Lesly do. 

George Leang do. 
Wm. Wallace do. 

John Leslie, grandson of 
Henry Leslie of Largie. 



Subject or Res Gestae. 



15. Nature of Action not dis- 
closed : probably Re- 
moving. 



Sir James Creichtoun of 
Frendraucht v. Tenants 
of Darlcy. (Supra 4 
May, Infra 22 May.) 



19. Loosing of Arrestment. Robert Myrden in Kip- 

pcrnahill v. Alexr. Bruce 
in Allathine. 



22. Advocation. 



Sir James Creichtoune of 
Frendraucht v. Tenants 
of Darley. (Supra 15 
May.) 



Loosing of Arrestment. 



26. Loosing of Arrestment. 



Loosing of Arrestment. 



28. Loosing of Arrestment. 



Alexr. Cuming of Culler 
v. John Alzenor in Over 
Contlaw. 

Sir Alexr. Fraser of Phil- 
lorthe and another v. 
John Massie in Denend. 

John Erskyne, apparent of 
Balhaggartie v. Wm. 
Nicol in Drumdurnoche. 

Robt. Irving of Murthill 
v. John Gordoune of 
Drymmies. 

357 



The lands of Largie in the 
Barony of Culsalmond. Old 
and new value 5 marks. 
Held in feu formerly of the 
Abbot of Lindores now of 
the Crown. In non entry 
27 years. 

The Pursuer produced Instru- 
ment of Sasine dated 8 June 
'593- Notary James David- 
son. The mandate of Mr. 
William Anderson to appear 
for the tenants and for 
Andrew Meldrum their 
landlord was rejected as 
insufficient. The case was 
advocated on 22 May. 

In this case there was a written 
obligation, which was or- 
dained to be registered in 
the "confessit Buiks of this 
Auditorie." 

This is the case which was 
called on the iSth, when the 
Sheriff depute rejected the 
mandate produced by the 
defenders' procurator and 
admitted the case to the 
Pursuer'sprobation. Letters 
of Advocation were now 
presented. 

Cautioner Robert Louren- 
soune, burgess of Aberdeen. 



Cautioner George Setoun of 
Auchinhuif, who signs. 



Cautioner John Gordone of 
Braka. 



Cautioner John Gordoun, Fear 
of Crag, who signs, as also 
does Gordouneof Drymmies. 



Aberdeenshire Sheriff Court : 



Date. 

1596. 
May 28. 



Nature of Entry. 
Loosing of ArrestmenL. 



Lawborrows. 



Loosing of Arrestmenl. 



Lawborrows. 



29. Loosing of Arrestment. 



Parties. 

John Fraser brother to the 
laird of Muchal v. Mr. 
Wm. Fraser of Clinter- 
tie. 



John Gray in Rothmais v. 
John Paxton in Badin- 
scothc. 

John Fraser and Thomas 
Fraser, brother to An- 
drew Fraser of Muchal 
v. Elizabeth Forbes and 
Walter Wod, apparent of 
Fettercarn her husband, 
Mr. James Forbes in 
Auchinclech and Wm. 
Fraser in Bogheads. 

John Gray in Rothmais v. 
George Cruikshank at 
the Mill of Canden and 
John Cruikschank in 
Tullimorgyne. 

Mr. George Ilervy of 
Ranishill i>. James Drum 
in Ranishill. 



Appointment of Sheriff 
depute. 

Caution to re-enter on 
Capital Charges. 



Loosing of Arrestment. 



Robert Arthour. 
Supra 12 Deer.) 



(Vide 



Caution on Charge of 
Assault and Mutilation. 



Mr. James Leisk v. 
Andrew Reid of Collis- 
toun. 



Subject or Res Gestae. 

Arrestment of the " Housses 
biggins tymber wark and 
toftis standand upone the 
lands of Litill Clintertie." 
Mr. Fraser signs obligation 
to relieve his Cautioner. 

Cautioner Wm. Meldrum of 
Badinscothe, who signs the 
entry. Penalty 500 marks. 

All their effects but specially 
3000 marks in the hands of 
Alexr. Cullen, Alexr. Jaff- 
ray, Patrick Forbes son to 
the laird of Tolquhone, Wm. 
Alshioner and Robert 
Forbes younger. 



Cautioner George Meldrum of 
Logyauldtoun who signs the 
entry. Penalty 500 marks. 



Cautioner Alexr. Muir in 
Bannakettill. Whole goods 
and geir "timmer and 
housses in the Cottoun of 
Ranishill" were arrested. 

Mr. Wm. Leslie of Warthill 
appointed and took oath. 

Being entered to this day he 
was ordained of new to find 
caution to enter again on 8 
June to take trial "for 
certane capitall Crymes." 
The caution was to be 500 
marks ; but the name of the 
cautioner is not filled in. 

Cautioner Mr. John Reid in 
Milntoun of Collistoun, who 
subscribed the entry, as does 
Andrew Reid. Amount of 
Caution ;loo. 



Andrew Lesly of New 
Lesly v. John Wod in 
Tempilland of Auld 
Leslie. 



Cautioner Patrick Leslie 
that ilk, who signs. 



of 



358 



Diet Books: Vol. V., Contents 

Date. Nature of Entry. Parties. 



Subject or Res Gestae. 



1596. 
May 29. 



Loosing of Arrestment. 



Katherine Mortymer and Cautioner John Lumsden of 

Midiltoune of Cushnie, whom Alexr. 

Kilhill her husband v. Calder of Asloun binds 

John Merser in Kin- himself to relieve, and both 

corthe. sign. 



Discharge of Wadset and 
Renunciation. 
(Compare entry on 23 
June IJ9J, p. 329). 



Alexr. Litstar, burgess of 
Abd. and Elspet Annand 
his wife. 



In favor of Alexr. Hay of 
Delgatie son and heir of the 
late Wm. Hay of Delgatie. 
The loan was 1000 marks, 
which was paid over by the 
hands of Abrahame Forbes 
of Blaktoun. Elspet Annand 
ratifies the discharge outwith 
the presence of her husband. 
Lands of Tersethill. 



31. Renunciation of possession. Gilbert Bog, the tenant. 



Of the Quarter Lands of 
Knoquharne in favor of 
John Forbes of Poflug. 



June 7. Removing, Decree of. Elot Menzeis liferentrix Half of the Milne and Milne 

and John Forbes, burgess lands of Tofthills, otherwise 

of Abd. her husband v. the Nethir Daache of Kintor 

Wm. Patersoune the in the parish of Kintor. 

tenant. Sasine II January 1565. 

The Defender consented to 

Decree. 



8. Removing, Action of. 



Claris Leithe widow of Sasine dated 18 October 
Patk. Gordoun of 1587. Notary Mr. John 
Sauchin v. Wm. Gor- Gray, 
doun of Sauchin and 
others. 



Removing, Decree of. 



John Forbes of Echt v. 
James Alshonar and 
Bessie Straquhan the 
tenants. 



Defenders decerned of consent 
to remove from Tilliquhow- 
die in the parish of Echt. 



Removing, Decree of. 



Mr. George Bissat of Pet- 
mukstoune v. Richard 
Quhyt alias Fleschour, 
J ohn Straquhan younger, 
John Straquhan elder, 
Madie Grig, Jonat 
Hucheon, John Sharp 
and Margaret Forbes. 



Tofts, crofts, houses, and yards 
atOutseatsofPetmukstoune. 
Sasine dated 13 Septr. 
1588. Notary Mr. Alexr. 
Fraser, Sheriff Clerk. 



359 



Date. 



Nature of Entry, 



Aberdeenshire Sheriff Court : 

Parties. Subject or Res Gestat. 



1596. Multures, Action for. 
June 9. 



Andrew Keyth of Carne- 
tradlen v. Ronald Ches- 
sour, Janet Chalmer, 
Gilbert Ronaldsone her 
spouse, Katherine Cush- 
nie, Patrick Moir her 
spouse, Alexr.-Chessour, 
John Abbell, Alexr. 
Abell, James Chessour. 



The Pursuer produced lease 
by Dame Annas Keyth 
Countess of Argyle and 
others to James Keyth son 
of Andrew Keyth of Ravins- 
craig, dated 20 Feby. 1584 
with a ratification on the 
back of it, and an extract 
from the Books of Council 
of an Assignation dated 7 
Octr. 1589. 



10. Removing, Decree of. 



of Colphornie in the parish 
ofTullinessill. 



Alexr. Leith of Mongarrie The Pursuer was tacksman of 
v. Christian Greyne the eight oxingang of the lands 
relict of Andrew Clerk 
in Foulislie, the testa- 
mentary executor, and 
Patrick & Isobel Clerk 
the children of the late 
John Clerk in Colphor- 
nie. 



Removing, Decree of. 



John Leyth, Fiar of Mon- The Pursuer as heritable 

garie v. John Alexr. proprietor of Foulislie in 

Crysteis each occupying Tullinessill takes decree. 
4 oxingang of Foulislie. 



Procuratory. 



Wm. Forbes of Tolquhone. 



Appoints Messrs. John Cheyne 
Patrick Cheyne and Robert 
Paip, Advocates, his pro- 
curators in all his actions 
and causes within the realme. 



Breaking of Arrcstment, 
Action of. 



The Procurator Fiscal and 
Sir James Creichtoun v. 
Wm. Elmslie and others 
the tenants of Darley. 

\ (Supra 4, 15 & 22 May.) 



At this diet "The Shref or- 
danis the defender be Mr. 
Wm. Andersone his pror. 
at the bar to condiscend 
upone the tyme of the for- 
faltrie of the Erie Huntlie 
the xi. day of this instant." 



it. The same. 



The same. 



360 



The entry here bears "Com- 
peirit Paip and Andersone 
prors. for the defenders and 
condiscendit as is writin 
upone the proces." On the 
1 2th all the Defences were 
repelled and proof allowed, 
but no further entry is found. 



Diet Books: Vol. V., Contents 



Date. 

1596. 
June II. 



Nature of Entry. 
Removing, Decree of. 



Parties. 

Thomas Johnestone, bur- 
gess of Abd. v. Wm. 
Wilsone in Suttetoune, 
Wm. Cultis in the North 
syde of Middil Disblair, 
John Cultis in Auldtoune 
of Middil Disblair, and 
John Clerk in Middil- 
toun of Disblair. 



Stibject or Res Gestae. 

Suttetoune, Middle Disblair, 
etc., in Fintray. One 
Sasine dated 3 March 1590. 
Another dated 20 Octr. 
1 589. Notary Mr. Andrew 
Clerk. 



Submission. 



Wm. Androw in Kintor 
and John Androw his 
son 

and 

Wm. Gordon in Glen. 
Thos. Sherar elder. 
Thos. Sherar younger. 
Wm. Youngsone and 
Gilbert Duff. 



"All actionis querrells ques- 
tionis of debaits " between 
the parties and especially 
the actions depending in the 
Sheriff Court about " pricit 
cornis." The arbiters 
chosen by the first parties 
were Diones (? Dionysius) 
Chalmer in Kintor, and Mr. 
Wm. Frascr of Clintertie, 
and by the second parties 
Alexr. Leslie in Kathis and 
John Blakhallin Stanywode. 
The parties appeared in 
Court and entered into this 
reference without previous 
writing. They consented 
to execution to enforce 
implement on a ten days' 
charge. 



12. Removing, Decree of. 



Patrick Wod v. 

Andrew Cruikshank, 
Andrew Robertsone, 
Robert Robertsone, 
Alexr. Davidsone. 



The Pursuer was principal 
tacksman of Ogstoune in 
the parish of Ruthven and 
Earldom of Huntlie, his 
title being a lease by Lord 
Huntlie to Mr. Francis 
Hepburn, who in turn sub- 
let to him. 



14. Removing, Action of. 



Margaret Gordoun, Lady 
Clunie p. Nicol Ross, 
apparent of Auchlossin 
and Robert Burnat in 
Drumneochie. 



Lands of Birsemoir and Birse- 
beg. Decree against Ross. 
Sasine dated 24 August 
1581. Decree against other 
Defender on 23 June. 



Removing, Action of. 



ZZ 



James Forbes of Fechil v. 
John Hay, James Hay 
and Henry Leisk. 



361 



The middle third, east third 
and west third parts of 
Fechill. Sasine dated 9 
March 1581. Notary Mr. 
William Reid. 



Date. 



Nature of Entry. 



Aberdeenshire Sheriff Court : 

Parties. Subject or Res Gestae. 



1596. Removing, Decree of. 
June 14. 



George Setoun of Auchin- The half of the " Wast syde of 



huif v. John Cow. 



the toun and lands of Bal- 
haggartie lyand within the 
paroche of Logydurnoche." 
Sasine dated I June 1592. 
Notary Mr. Thomas Gor- 
doun. 



15. Removing, Action of. 



George Earl Marischal v. 
John Anderson. 



The lands and mill of Brig- 
fedill in the parish of St. 
Machar. 



16. Removing, Decree of. 



James Forbes of Fechill v. 
Robert and Alexr. Wat- 



The mill, mill lands and mul- 
tures of Auchnacant in the 
parish of Foveran. The 
defenders referred their 
defence to the pursuer's 
oath, which was negative. 



18. List of Jury on Inquest. 



James Kennedy, burgess of 

Abd. 

George Elphingstone do. 
Wm. Spence do. 

Alexr. Kempt do. 

David Andersone do. 
John Andersone do. 

Wm. Blakhall do. 

Gilbert Guthrie Jr. do. 
Mr. Wm. Ray do. 

William Chalmer do. 
David Cargill do. 

Patrick Forbes do. 

Robert Gareauche do. 
Wm. Johnestoune, burgess 

of Inverurie. 
James Robertsoun do. 



General Service. 



Mr. Gilbert Annand, son 
of Mr. Wm. Annand of 
Tollighill. 



19. Removing, Advocation of. 



John Fraser, brother to 
Andrew Fraser of 
and Mr. Wm. Fraser 
in Clintertie, Margt. 
Gray and Wm. Dickie. 



Letters of Advocation were 
produced byGilbert Guthrie 
Junior, Messenger, stopping 
proceedings until lojuly. 



36? 



Diet Books: Vol. V., Contents 

Dale. Nature of Entry. Parties. 



Subject or Res Gestae. 



1596. 
June 23. 



List of Jury on Inquest. 



Alexr. Thomesone in Ythie. 
Michael Ogstoun in Keak. 
Mr. George Bodye, burgess 

of Abd. 

Simon Will do. 

Michael Craik in Blair- 

mormond. 
Alexr. Fraser in Quhyit- 

syde. 

John Myln in Denend. 
Gilbert Cock at Mill of 

Inverchumrie. 
Thomas Hay in Corty- 

crome. 

John Keyth at Mill of Adan. 
Wm. Gib, burgess of Abd. 
John Charles in Haltoun. 
Alexr. Hay in Cortycrom. 
Matthew Guild, burgess of 

Abd. 

John Birnie in Cowbortie. 
Gilbert Dune, burgess of 

Abd. 
John Duncan do. 



Special Service. 



George Ogstoune, son of 
Elizabeth Murray. 



The lands of Auchmacludic in 
the Barony of Petsligo held 
of John Forbes of Petsligo 
for feuduty of 4. In non 
entry since death of prede- 
cessor on 17 March. 



General Service. 



The same. 



Removing, Action of. 



John Arbuthnot of Cairn- 
gall v. Wm. Crowden. 



Part of Cairngall in the parish 
of Peterugie. Sasine dated 
25 May 1591. 



Removing, Decree of. 



Mr. Michael Fraser of The browster croft of Ard- 

Techmurie v. John glassie in the parish of 

Tailzeour. Rathen. The pursuer's 

title was a gift of non-entry. 



Removing, Decree of. 



Henry, Lord Sinclair v. Parts of the Bank Fauld, the 



Jonet Waus at Mill of 
Newburgh, George 
Ranye, Thomas Broun, 
Andrew Austean, 
Thomas Troup and 
John Wobster. 

363 



Nethir Hauche and Megatis- 
law being pendicles of 
Mekill Haddoch in the 
Barony of Newburghe. 



Aberdeenshire Sheriff Court 

Date. Nature of Entry. Parties. Subject or Res Gestae. 

1596. Renunciation Discharge The wife of Thomas Boyd "Ane croft of land of Kyn- 

June 24. and Ratification. in Kincardine O'Neil to cardin O Neil callit the 

Wm. Strauchauchin of parsones croft " fully des- 

Clune. cribed in the entry. 



3 6 4 



Illustrative Examples taken from Diet Book, Vol. V. 

Proceedings involving Questions as to Occupancy of Land 

(16 July 1595) 

THE said day in the Actioune and Caus of Removing rnovit and perseuit 
be William Forbes of Corsindaye and his Curatours aganes William 
Forbes of Monymusk [other defenders as in Table of Contents] pretendit 
tennents and occupears of the Moss of Bowak pertaining to the said Wm 
Forbes of Monymusk [? Corsindaye] for the wrangous and violent 
occupatioun of the saidis lands sen the feist and terme of Witsonday last 
bypast Compeirit the perseuer with Mr Alexr Irving his procuratour and 
as procuratour for his curatours be vertew of ane speciale mandat 
subscriuit with his curatours hands of the dait the third day of July 1595 
and producit my Lord Shreffis precept aganes the saids defenders for 
removing fra the said moss And for instructing thairof producit the 
perseuers warning and Instrument of Seising of the Lands of Balvak 
under the subscriptioun of Mr Alexr Fraser Noter publict conteining ane 
ratificatioun of the Seising gewin be James Murray with ane Act of 
Curatorie and according thairto desyrit proces Ex aduerso Compeirit 
Mr Androw Clerk and Gilbert Thomesone procuratours for the defenders 
be vertew of ane mandat producit and acceptit the haill productis in 
quantum and in special! the Seising producit under the subscriptioun of 
Mr Alexr Fraser writtin on paper of the dait the tuentie day of Nouem- 
ber 1 593 and protestit that the perseuer be nocht hard to produce ony 
forder for instructing of the sumonds and warning nor is alredie producit 
and in sa far as the same is nocht sufficientlie instructit protestit for 
absoluitour And under that protestatioun naweyis admittand my Lord 
Shref nor his deputs competent to cognosce in the said caus desyrit ane 
day to give in thair haill defenssis qualifiet in wreit And the Shreff 
assignit the xxviij day of July instant to that effect [etc.] 

(28 July 1595) 

THE said day Compeirit Mr Andrew Clark and Gilbert 

Thomsone procuratouris for the defenderis and presentit certane defends 
in wreit with ane copie of ane sumonds of suspentioune and executiouns 
excameand the defenderis fra the Shreffis jurisdictioune under protesta- 
tioune according thairto nawayis admitand the Shref nor his deputs 
competent to cognosce in the said caus And the Shreff assignit to Mr 
Alexr Irving procuratour for the perseuer the last of July instant to 
reply thairto [etc.] 

365 



Aberdeenshire Sheriff Court : 

(31 July 1595) 

THE said day in the actioune and caus of Removing .... Com- 
peirit the persewar to produce the saids replyis with ane instrument of 
Saising of the landis libellit under the signe and subscriptioun of James 
Murray notar publict Schirref dark deput of the Shrefdome of Abd of 
the dait the xx day of Nouember the yeir of God j m v c four scoir and 
thirtein yeiris Togidder with ane proces led befor the Commissar of Abd 
giwin under the subscriptione of Mr Thomas Gardyne Commissar Clark 
of Abd and according thairto desyrit forder process and interloquitour 
to be pronuncit thairin literatorie Ex aduerso Compeirit Mr Andrew 
Clark procuratour for the defendaris and producit our Soverane Lordis 
letters discharging Jhone Lesly of Bolquhane and his deputtis frome 
proceiding in quhatsumeuir causs aganis the defendar and his tenentis 
and seruands in ony actioune concerning thame execut aganis the 
principall Shref at his dualling place of Fettirneir upone the tuentie 
sewint day of May the yeir of God j m v c four scoir and fywe [? fifteen] 
yeiris OF the quhilks letters the said Mr Andrew procuratour forsaid 
instantlie delyuerit ane copy to the Shref judiciallie and dischargit him 
in sa far as the letters beiris and conforme to the tenour thairof in all 
poynttis and no utherwayis and intimeis the former charge giwin to the 
principall Shref to the Shref deput presentlie sittand according to the 
executione one the bak of the saidis letters at the least the said Mr 
Andrew as messinger intimeit the letters and executiounes thairof for- 
saidis and forder desyrit ane new day to gif in defenssis in wreit aganis 
the wreittis presentlie producit this day be the persewar in respect thai 
war neuir producit abefor in ony dyet of the causs And the persewaris 
acceptit the pretendit letters with the executiounes thairof in quantum 
and speciallie acceptit the executioune thairof in quantum nocht beand 
interlynit nor merginit and the day of the discharge of the sumounds 
being bot to the auchteine day of Julij last bypast and no executioune 
nor discharge of the saidis letters usit befor this day and sua the 
executioun can nocht be lauchtfull in respect the day is bypast It is 
ansurit be the procuratour of the defendar that the Shref being aneis 
dischargit is ay dischargit quhill the letters of exemptioune be discussit 
and protestit aganis the Shref in caice he proceid 

(No farther trace.) 

Verbal Bond in Court 

(At Abd the sext of August 1595 yeirs) 

The said day in presens of Mr Thomas Leslie Shreff Deput of Abd 
Compeirit Johne Leslie of Duncanestoune and grantit and confessit him 
of his awin proper confessione to haue ressauit reallie and with effect in 

366 



Diet Books: Vol. V., Miscellaneous 

freyndlie borrowing at the making of thir presents and abefoir respectiue 
fra the hands and be delyuerance of Johne Straquhan of Tibbertie all 
and haill the sovvme of ane thovvsand merks usuall monie of Scotland 
quhairof he held him weill contentit satisfeit and presantlie peyit and 
discharged the said Johne his airis executours and assignais thairof for 
euir Ouhilk soume of ane thousand merks monie forsaid the said John 
Leslie become actit and band and oblegit him faythfullie his airis 
executours and assignais to pey and compleitlie delyuer to the said 
Johne Straquhan his airis executours or assignais altogidder and att anes 
betuixt the dait heirof and the aucht day of August instant but forder 
delay fraud or gyill under the panes of poynding and horning the ane 
but preuidice of the uther to pas upone ane single charge of thrie dayes 
To the quhilk the Shreff deput forsaid interponit his auctoritie and 
moneist the said Johne Leslie to observe and keip the heids and contents 
of the act aboue specifeit under the panes forsaids befor thir witnessis 
Gilbert Leslie sone to the said Mr Thomas Leslie and Gilbert Thome- 
soune burges of Abd 



Sederunt of a Head Court and List of Absent Barons, &c. 

(Head Michealmes Court 1595) 

Curia vicecomitatus de Abirdene tenta in pretorio ciusdem 
ultimo die mensis Septembris anno Domini millesimo quingen- 
tesimo nonagesimo quinto per honorabiles viros Joannem Leslie 
de Balquhane vicecomitem de Abd Magistrum Thomam Leslie 

The said day Johne Chalmer of Balnacrage enterit Alexander 
Chalmer Messinger Suttour for him 

Absentes 

D de Erroll D.p. D de Perk de Cremound D.p.et.s. 
D de Forbes D.p.et.s. D de Awden D.p.et.s. 
D de Elphingstoun D.p.et.s. D de Arnage D.p. 
Ep de Abdonen D.p.et.s. D de Tulligownie D.p.et.s. 
Ab de Abirbrothok D.p.et.s. D de Schewes D.p.et.s. 
Prior de Monymusk D.p.et.s. D de Cunzie et Pet- 
D de Altrie D.p.et.s. quhansie D.p.et.s. 
M Sancti Trinitatis D.p.et.s. D de Mekill Drum- 
Rector de Kincardin D.p.ets. quhendill D.p.et.s. 
D de Fedderet D.p. D de Drumbrek D.p.et.s. 
D de Balquhollie D.s. D de Auchmacoy D.p. 
D de Touchis Innes D.p.ets. D de Newtoun Schewes D.p.et.s. 
D de Foverne D.p.ets. D de Wattertoun D.p.et.s. 

367 



Aberdeenshire Sheriff Court: 



D 


de Udnie 


D.p.et.s. 


D 


de Inneralloquhie 


D.p.ets. 


D 


de Creiches, Gordoun 




D 


de Streichin 


D.p.ets. 




Leyth Innes 


D.p.et.s. 


D 


de Kildrocht 


D.p.et.s. 


D 


de Erskeyne 


D.p.et.s. 


D 


de Udoche Copland 


D.p.et.s. 


D 


de Essilmonthe 


D.p.et.s. 


D 


de Moncuffer Ogilvie 


D.p.et.s. 


D 


de Creichnalaid Leyth 


D.p.et.s. 


D 


de Fischerie 


D.p.ets. 


D 


de Schethin 


D.p.et.s. 


D 


de Mekill Fintray 


D.p.et.s. 


D 


de Lenturk 


D.p.et.s. 


D 


de Litill Foley Gor- 




D 


de Sancler 


D.p. 




doun 


D.p.ets. 


D 


de Allathen 


D.p.ets. 


D 


de Auchtererne Skeyne 




D 


de Iden 


D.p.ets. 




et Gordoun 


D.p.ets. 


D 


de Barcley 


D.p.et.s. 


D 


de Sinnabothe 


D.p.et.s. 


D 


de Brodland Ratrey 


D.p.et.s. 


D 


de Auchtercoull 


D.p.et.s. 


D 


de Vaus Birnes 


D.p.et.s. 


pnt be his sone 


D 


de Maynie 


D.p.ets. 


D 


de Phinnersie 


D.p. 


D 


de Mekill Meythlik 


D.p.et.s. 


D 


de Ruthvenis 


D.p.et.s. 


D 


de Curtestoun Glam- 




D 


de Innerernan 


D.p.ets. 




mes 


D.p.ets. 


D 


de Johnsleis 


D.p.et.s. 


D 


de Fuddes 


D.p.et.s. 


D 


de Lenturk 


D.p.et.s. 


D 


de Gask 


D.p.ets. 


D 


de Halheid 


D.p.et.s. 


D 


de Cokclaurauchie 


D.p.ets. 


D 


de Toweis 


D.p.ets. 


D 


de Lessindrum 


D.p.et.s. 


D 


de Rothybirsben 


D.p.ets. 


D 


de Petsligo 


D.p.et.s. 


D 


de Glencuthill 


D.p.et.s. 


D 


de Auchterellone 


D.p.et.s. 


D 


de Petmedden 


D.p.et.s. 






pnt 


D 


de Blakhall 


D.p.ets. 


D 


de Auchterles 


D.p.ets. 


D 


de Leslie 


D.p.et.s. 


D 


de Delgatie 


D.p.et.s. 


D 


de Bairnis 


D.p.ets. 


D 


de Frendraucht 


D.p.ets. 


D 


de Petcaple 


D.p.ets. 


D 


de Fyvie 


D.p.ets. 


D 


de Lethintie 


D.p.et.s. 


D 


de Meldrum 


D.p.ets. 


D 


de Balhaggartie 


D.p.ets. 


D 


de Beltie 


D.p.et.s. 


D 


de Auchlevin 


D.p.ets. 


D 


de Sonahard 


D.p.ets. 


D 


de Stanyvode 


D.p.ets. 


D 


de Auchinhuif 


D.p.et.s. 


D 


de Ardune 


D.p.et.s. 


D 


de Petfoddells 


D.p. 


D 


de Kingudie 


D.p.et.s. 


D 


de Cushnie 


D.p.ets. 


D 


de Bourtie 


D.p.ets. 


D 


de Johnstoun 


D.p.ets. 


D 


de Barrauche King et 




D 


de Drum 


D.p. 




Blakhall 


D.p.et.s. 


D 


de Auchlossin 


D.p.ets. 


D 


de Buchanstoun 


D.p.et.s. 


D 


de Tullihaikie 


D.p. 


D 


de Ward res 


D.p.ets. 


D 


de Craigour 


D.p.ets. 


D 


de Edingarauche 


D.p.et.s. 


D 


de Echt 


D.p.et.s. 


D 


de Towie 


D.p.et.s. 


D 


de Kennerty 


D.p.ets. 


D 


de Monycabok 


D.p.et.s. 


D 


de Westircors 


D.p.ets. 


D 


de Ardgrane 


D.p.et.s. 



368 



Diet Books: Vol. V., Miscellaneous 



D de Corsindey D.p.ets. D 

D de Cragivar D.p.ets. D 

D de Thainstoun D.p. D 

D de Cultis D.p. D 

D de Abirzeldie D.p.ets. D 

D de Kintor et Skeyne D.p.et.s. D 

D de Balmad D.p.et.s. D 

D de Maidlar D.p.ets. 

D de Petfour D.p.ets. D 

D de Gelquhomestoun D.p.et.s. D 

D de Brux 



de Drumblait D.p.et.s. 

de Selbie D.p.et.s. 

de Kyneduard D.p.et.s. 

de Cragisfintreyis D.p.et.s. 

de Cordyce D.p.et.s. 
de Forest de Kintor D.p.et.s. 

de half Daauch of 

Ratrey D.p.et.s. 

de Begishill D.p.et.s. 

de Commeleges D.p.et.s. 



D.p.ets. 

The said day the haill personis abouwreittin absentis is amerciat for 
thair non compeirance and thair onlawis to be upliftit 

The said [day] the principall Mair of Fee with consent of my lord 
Shref dischargis Alexr Crawfurd Messinger of all forder useing or 
exerceing of the office of Mair deputrie in all tyme cuming in respect of 
his non compeirance this day to serve my Lord Shref and the cuntey 
being the heid court day 

Mr George Bissett 
Mair of fee 



Entries relating to Criminal Charges 

I. 

(18 December 1595) 

The said day compeirit Mr Wm Barclay Procuratour Fiscall within 
the bounds of the Shrefdome of Abd and producit ane summounds aganis 
Alexr Thome in Kirktoun of Skeyne with ane judiciall act quhair Johnne 
Banerman burges of Abd become cautioun and soucrtie for the said 
Alexris entres to this day, To underly the law for the slauchter of 
Thomas Andersoun Wobster in Bogfarley be striking the said Thomas 
Andersoun with flaills battownis and with the bar of the bairne dure 
upone the xxvj day of October last bypast or thairby Be the quhilk 
straikis he conceauit his deid and departit this present lyif upone the 
fyft day of Nouember or thairby upone the Kingis hie gait Item for 
ane commoun forstaller be bying of wictualls and cornis in gryite afor 
hand and causing of his clyentis keip the same to ane derthe Compeirit 
the said Johne Banerman and enterit the said Alexr Thome upone 
pannall and protestit he suld be frie of his cautionerie And the said 
Alexr denyit the haill poyntis of dittey forsaid and referrit himself to the 
tryell of ane assyis And the Shref in respect thairof remitit him to the 
tryell of the Assyis folloving viz Barrell Gib in Schedochisley Johnne 



AAA 



369 



Aberdeenshire Sheriff Court : 

Kennedy thair Alexr Ronaldsone thair Wm Barnat in Newhills Dauid 
Sted thair Andrew Robertsoune thair Duncan Mathowsoun thair 
John Howat thair Abrahame Robertsoun thair Thomas Norvell thair 
Gilbert Abirdour in Gairden Johnne Gallowey in Auchlie Robert Norie 
in Cayrnie James Gilruist thair and Johnne Galloway thair Quhilks 
persones of Inquest being admittit and suorne and inclusit within the 
Counsalhous of the said burght efter tryell tane of the saids poynts of 
dittey all in ane voce be the mouthe of Robert Norie in Carnie absoluis 
and cleingis the said Alexander Thome of the haills poynts forsaids and 
maid him quyte and fre thairof in all tyme cuming quhairupone the said 
Alexr desyrit act of court and instrument 

II. 

(20 April 1 596) 

The said day in presens of Mr Thomas Leslie Shref deput of 
Abirdeine Compeirit Mr Richard Irving burges of the said burghe and 
become actit and obleist as Cautionar and souertie for Robt Arthour 
burges of the said burghe That the said Robart sail enter within the 
Tolbuithe of Abirdeine befor my Lord Leuetenent 1 or his deputs the xv 
day of May nixtocum or upone quhatsumeuir day or dayis place or 
places sal be appointit to that effect To underly the law for the crymes 
contenit in his Lo/ precept raisit aganis the said Robert and that the 
said Robert sail nawayis declyne fra the said jurisdictioun of Lieuetenent- 
rie and Johnne Leslie of Balquhane Shref of Aberdeine his Lo/ deput 
and that under the paine of fyve hundretht merks monie And the said 
Robt obleist him to releive his cautioner of the haill premissis Tandem 
continevis the said Robertis entres in eodem 

(29 May 1595) 

The said dey Robart Arthour burges of Abd beand enterit to this 
day was ordanit of new to set cautioun to entir upone the aucht day of 
Junij to underly the law for certane capitall crymes to be laid to his 
charge Quha according to the said ordinance set and fand 

Cautioner and souertie for him that he sail entir that ilk 
dey under the paine of v c merks And the said Robt obleist him to releif 
his cautioner 

III. 

(29 May 1595) 

The said dey Compeirit Mr Johne Reid in Milntoun of Collistoun 
and become cautioner and souertie for Androw Reid of Collistoun that 

I This office was filled at this period by Ludovic, Duke of Lennox. He had been made a 
burgess of Aberdeen on 10 February, 1594-5. Misc. of the Club, p. 85. 

370 



Diet Books: Vol. V., Miscellaneous 

he sail entir within the Tolbuithe of Abd upone the xxij day of Junij 
nixt to underly the law for the allegit hurting wounding and mutilatioune 
of Mr James Leisk under the pane of ane hundrethe libs and the said 
Androw obleist him to releif his cautioner 

Mr Johne Reid wt my hand 
Andru reid of Collieston 
wt my hand 

Giving of Sasine. The Sasine Ox 

(20 December 1595) 

THE said dey compeirit Wm Robertsoune elder in the Gallowgait burges 
of Abd and become cautioun and souertie to refound content and pey to 
the Shreff of Abd and his deputis sic soumes of monie and uthir dewateis 
as is contenit in our Souerane Lords precept of Chancellarie derect to 
the said Shreff and his deputis for giveing of Johnne Wod at the Miln of 
Fintrey seising and possessioun of the said miln millands and utheris 
contenit in the said precept in caice that it beis foundin be the lords 
auditors of the checker compts that the same is nocht alredie peyit and 
allovit be thame And als for sic peyment to the said Shref of the seising 
ox sic as salbe chopit 1 be the clerk at the gewing of the seising And the 
said Johne Wod band and obligit him to releif the said Wm his cautioner 

A Decree of Transumpt Seaton and the Nether Don Fishings 

(3 January 1595-6) 

THE said day anent the edict raisit at the instance of ane nobill and 
potent Lord George Erie Merschell Lord Keithe and Altrie etc aganis 
Williame Stewart sumtyme of Setoune Dauid Bischop of Abd Thomas 
Buck Burges of Abirdeine Williame Ogstoune in Turreff notar publict 
Johnne Ramsay notar publict and all utheris and sundrie haueand or 
pretendand entres in the mater undirwreitin For transsuming of the 
wreitis and euidents eftir specifeit at the said nobill lordis instance 
Compeirit Mr Williame Barclay procuratour for the said nobill lord and 
producit the said edict deulie execut and indorsate to this day aganis 
the saidis personis Togidder with ane Chartour maid and subscriuit be 
umquhill Williame Bischop of Abd with consent of Ueane and Cheptour 
to umquhill Mr Thomas Stewart and Mergaret Troup his spous thair 
airis and assignais on ane half netts salmond fisching of the Watter of 
Don of the dait [14 October I566] 2 Ane uther Chartour of the Schaddow 

1 The same as Chapit, from chap to select or choose, e.g. the old saying "Chapyechuseye." 

2 The dates, which are in words in the original, are reproduced thus for the sake of brevity. 

371 



Aberdeenshire Sheriff Court: 

half lands of Setoun maid and gewyn be the said Williame Bischop of 
Abd to the said Williame Steuart of the dait [i October 1575] Ane uther 
Chartour gewin to the said Williame Steuart be the said Williame 
Bischope of Abirdeine of ane the said half netts salmond fisching of Don 
of the dait [13 April 1577] Ane Instrument of Seising folloving thairon 
upon the said fisching of the dait [2 May 1577] under the signe and 
subscriptioun of Wm Ogstoun noter publict Ane Chartour gewin be 
Thomas Buck burges of Abirdeine to the said Williame Steuart on the 
sone half landis of Setoun hauldin of him selff of the dait [i September 
1587] Ane Seising folloving upone the said Chartour on the said sone 
half landis of the dait [2 September 1587] under the signe and subscrip- 
tioun of umquhill Mr Williame Nicoll noter publict Ane Chartour gewin 
be the said Dauid Bischopt of Abirdeine to the said William Steuart on 
the waird callitthe Bischopis waird of the dait [13 July 1582] Ane uther 
Chartour of the said sone half landis of Setoun gewin be the said Thomas 
Buck to be hauldin of the said Dauid Bischopt of Abirdeine of the dait 
the said [i September 1587] And ane Seising of the said Schaddow half 
lands of Seytoun gevin upone the said William Bischopt of Aberdeinis 
Chartour under the signe and subscriptioun of the said Johne Ramsay 
noter publict of the dait [4 October 1575] And desyrit the saidis wreittis 
to be transsumit in autentik forme of transsumpt and recognoscit be the 
witnessis contenit in the said edict lauchtfully summoundit to this day 
to that effect and the said transsumpt to have als gryit faithe and fidelitie 
as the principall euidents thame selffis quhilk desyre the Shref depute 
forsaid [Mr Thomas Leslie burgess of Aberdeen] in respect na man 
compeirit to obiect in the contrar thocht ressonable and eftir the saidis 
euidentis was recognoscit be the saids witnessis suorne and admitit 
Decernit and ordanit the same to be transsumit in attentik and dew 
forme of transsumpt extractit and subscriuit be the Clerk of Court deulie 
as effeiris under the seill of office and the same to haue as grite faithe 
and fidelitie in all tyme cuming as the principalls euidents thame selffis 
quhairupoun the said Maister Williame Barclay desyrit Act of Court and 
instrument 



Election of Commissioners to Parliament 

(31 January 1595-6) 

The said day the haill barrownis within the Shrefdome of Abirdein 
for the maist pairt beand conuenit within the Tolbuithe of the said burght 
for cheising of Commissioneris to Parliamentis and Conuentionis for this 
present yeir All in ane voce electit and cheisit Jon Lesly of Balquhane 
and Sir Alexr Eraser of Frassrisburght knicht personis maist meit to 
keip and pas to the saidis parliamentis and conuentionis quhatsumeuir 

372 



Diet Books: Vol. V., Miscellaneous 

quhill Michealmes nixt to cum in the yeir of God ane thousand fyve 
hundrethe fourscoir and sexteine yeiris inclusive 



Repair of Bridge of Don 

(31 January IS9S-6) 1 

The said day the barrownis for the maist pairt within the Shrefdom 
of Abd Conuenand within the Tolbuithe of Abd for cheising of taxtaris 
to stent ane taxatioune within the said Shrefdome for besting mending 
and reparing of the Brig of Done and eftir lang ressoning fqr the maist 
pairt electit nominat and cheisit Johne Leslie of Balquhane Alexr Irving 
of Drum William Forbes of Tolquhone Sir James Crichtoun of Fren- 
draucht knicht Dauid Bischop of Abd and Thomas Menzeis of Durne 
provest of Abd personis maist meit and conuenient to set and stent the 
said taxt 



Renunciation Discharge and Ratification by a Married Woman 
and her Husband 

(24 June 1596) 

The said day in presens of the Shref deput forsaid [Mr Thomas 
Leslie] Comperit personalie spous to Thomas Boyd in 

Kyncardin and outwith the presens of the said Thomas hir husband 
of her awin frie motive will oncoactit compellit seducit or circumvenit 
For gratituds guid deids and sowmes of money done payet and 
delyverit to hir be Wa Strauchin of Clune quhairof scho held 

hir weill content satisfeit and payet And for hir hir aires executours 
and assigneis exonerit quyitclamet and dischargit the said Wa Strauchin 
his airis executours and assignis of the samen be thir presents for 
now and evir, Renuncit quyitclamet and simpliciter dischargit in favours 
of the said Williame and his forsaids hir coniunctfie and lyferent 
tytill and rycht that scho hes hed or ony wayes mey pretend to 
All and Haill ane croft of land of Kyncardin O Neill callit the 
parsones croft lyand betuix the land of Craigtoun of Kyncardyne 
and Burrowstoun on the eist pairt The Kingis commoun get towards 
the southe The burne of the towne of Kyncardyne towards the wast 
and the lands of the said toun of Craigtoun towards the northt 
Togidder with all and sundrie houssis biggyngis biggit and to be 
biggit upone the soile and ground of the said manss And with ane 

I It is not quite clear from the original whether this and the previous meeting were held 
on 31 January as above or on 3rd February. 

373 



Aberdeenshire Sheriff Court 

chalmer lyand on the southe syid of the steyne chalmer of Kyncar- 
dyne sumtyme occupeit be James Toucht with all and sundrie preuilegeis 
liberteis and commoditeis contenit in the infeftmentis maid to hir and 
umquhile Petar Boy id hir sumtyme spous on the samen Lyand in the 
parochin of Kyncardyne and Shrefdome of Abd And gef hir corporall 
aytht that scho was neythir coactit compellit nor circumvenit to do the 
samen Renunceand thairby all exceptioun of law and previlege thairof 
maid and introducit in favours of wemen and in speciall senatus consult! 
Velleiani and that scho suld nocht cum in the contrar thairof And 
immediatlie thaireftir comperit hir said spous and gef his express consent 
thairto and ratiffeit and apprevit the samen Quhairupone the said 
Williame askit Act of Court and instrument. 



374 



The Decree Books, Vol. I. Part I. 1597-99 

In the case of the five volumes, which have been already dealt with, 
the title " Diet Book " has been taken from the outside covers, in which, 
as has been stated in the introduction, they were rebound somewhere 
about 1840. In the Inventories of 1764 and 1808 several of these 
were called Books of Services and not Diet Books, the titles being 
apparently such, as in the opinion of the Sheriff-Clerk for the time, 
best described the contents. We have here, however, the original 
designation of the volume, preserved on the title page, which runs thus 
" Decreit Buik of the Srefdome of Aberdene sen the entrie of Maister 
Williame Andersone to be Sref Clark quhilk was upone the auchtene 
day of Junij 1597." Had those in charge of the subsequent binding 
of the volume not received this guidance, the volume would probably 
have been labelled as a Diet Book and would thus have been No. VI. 
of that series. As may be seen from the contents, there are entries 
other than decrees, and notably the first entry, giving an account of 
the Sheriff-Clerk's own installation, which supplies the fullest description 
of Sheriff Court ceremonial found in these books. 

It may be also noted here that not only is there an unaccounted 
for cessation of entries between December, 1597, and June, 1598 ; but 
that entries abruptly cease on 31 March, 1599, for a period of more 
than thirty years, when the unused portion of the volume began to be 
utilized for Decrees of Transumpt pronounced between 1633 and 1644. 
The volume is therefore not a Decree Book from 1597 to 1644, as 
represented on the back of it and in recent Inventories ; but a book 
consisting of two parts widely differing in point of time and character, 
the first of which only is dealt with in the following Table of Contents. 
In none of the Inventories previous to the date at which the rebinding 
already alluded to took place, is the second part noticed, and yet it has 
all the appearance of having been written up at the time. It would 

375 



Aberdeenshire Sheriff Court 

seem indeed that when the Sheriff-Clerk made his return in 1808 he 
assumed, without close examination, that the last date in the volume was 
October i, 1599, instead of October i, 1644, and so described it. 



376 



Table of Contents of Vol. I. of Decree Books: Part I. 



Date. Nature of Entry. 

1597. Installation of Sheriff 
June 1 8. Clerk. 



23. Removing, Decree of. 



Removing, Decree of. 



Removing, Decree of. 



Removing, Decree of. 



29. Removing, Decree of. 



Parties. 
Mr. William Anderson. 



Alex. Cuming of Culter v. 
Wm. Jamesone, Patrick 
Jak, Thomas Crag and 
George Merschall. 



John Keith of Raviniscrag 
v. Wm. Simsone and 
others. 



John Gawin, Liferenter 
and taxman v. Wm. 
Reid. 



Thos. Robertsone in 
Midessie v. John and 
William Davidsone. 



Elspett Forbes, relict of 
Alexr. Forbes Fiar of 
Towies, Lady Tercer, 
and Alexr. Straquhan 
apparent of Glenkindy 
now her spouse v. Dauid 
Milne and some 50 
others. 



BBB 



377 



Subject or Res Gestae. 

His Majesty presented gift of 
the office to the Countess of 
Huntly, who appointed Mr. 
Anderson. 

Overcontley, Beanshill and 
Petgulles, in Peterculter. 
Sasine dated 28 Septr. 1565. 
Notary William Bruce. 
Decree against Crag only. 

Cortestoun in the Parish of 
Peterheid. Brodland in the 
Parish of Cremond and 
Carneglass in the Parish of 
Lonmay. Date of Sasine 
not given. 

Pikemanschip and part of 
Knaffschip of the Milns of 
Invernettie and part of 
Collielaw all in the Parish of 
Petirugy and Barony of 
Auden. The Defender con- 
sented to remove and was 
discharged of all past due 
rents. 

Rig or ruid of land within the 
territorie of the Bruch of 
Rattrey. Sasine dated n 
August 1596. Notary Mr. 
John Robertsone. The de- 
fence of possession beyond 
the memory of man was 
repelled. 

Nethir Synnahard, Over Syn- 
nahard, Synnaboth,Culfork, 
Kinbethok, Culfuird, Rip- 
pachie, Croft Moriell, 
Balnaboth, all in Kinbethok. 
Colquiche in Migvie. Des- 
korrie, Easter Corrihoull 
and half Forrest of Corgarph, 
Wester Corrihoull, Cor- 
garph, Auld Garph, Ard- 
quhon, in Invernochty, and 
Barony of Kildrummy. 
Sasine dated 3 May 1596. 
Notary Mr. Wm. Thomesone. 



Aberdeenshire Sheriff Court : 



Date. Nature of Entry. 

1597. Removing, Decree of. 
July 6. 



16. Removing, Decree of. 



30. Removing, Decree of. 



Removing, Consent to. 



April 7. Spuilzie. 1 



Parties. 

Alexander and Adam 
Leythis v. Wm. Leith 
of Likliheid and Elspet 
Thomsonein Auchlevin. 

Alexr. Irwing of Drum v. 
Christian Forbes, relict 
of Andrew Irwing of 
Schedochisleye and 
David Mayne 

Alex. Irwing in Ordley v. 
James Smart and John 
Cruickshank. 



Isobell Cheyne, Liferentrix 
v. Robt. Watsone. 



Octr. 5- Spuilzie. 



Removing, Decree of. 



6. Payment. 



Subject or Res Gestae. 

Four oxingang land in Prem- 
nay. Date of Sasine not 
given. 



Sunnysyd in Drumneok and 
Barony of Drum. Sasine 
dated 26 April 1583. Notary 
Mr. Gilbert Ross. 



Lenchschantbray, in Auchter 
less. Sasine dated 19 Octr. 
1586. Notary Mr. Alexr. 
Barroun. 

Murcar in the Parish of Sanct 
Machar. The Defender 
appeared and consented to 
Remove. 

Her whole stock and effects. 
(See entry on 12 March 
1595-6. Supra p. 352.) 



Jane Keith, relict of Adam 
Gordoun in Wark in 
Cushnie v. Thomas 
Gordoun in the Milne 
of Dess, James Walkar 
reidar at Cushnie, and 
Alex. Lumisden in 
Knokreauche. 

Agnes Barnnt, Widow of Farm stocking and inside 
v. John plenishing of Midtowie in 
Forbes of Towie and Kinebethok in May 1597. 
Thomas Gilpatrik his 
servitor. 

William Troupe of Pettin- Lands of Drumbrek, Barony 
dreiche, titular during of Drumbrek. Sasine dated 
lifetime of 



Andrew 
Meldrum of Drumbrek 
v. George Meldrum of 
Drumbrek. 

John Mar, Baxter, burgess 
of Abd. in right of his 
mother Margt. Mengzeis 
sister and heir of Patrick 
Mengzeis of Ferrihill T. 
John Forbes of Petsligo 
as heir to his father 
Alexander, and George 
Karl Merschall, Robert 
Arbuthnot of that Ilk 
younger, Alexr. Stratoun 
of Lawrenstoun and Mr. 
James Keath of Drum- 
tochtie his curators. 



14 and 15 October 1595. 
Notary Mr. Wm. Ray. 



Annual rent of 50 merks and 
arrears amounting together 
to 550 merks from Lands of 
Kowbourtie or Bourtiebeg 
and Wodheid in the Barony 
of Petsligo, which had been 
wadset on 15 June 1582. 
Interest on the arrears was 
sued for but refused "as 
nocht admissibill of the 
law." 



I Obviously omitted at the proper date, and afterwards inserted here, 

378 



Decree Books: Vol. I., Contents 



Date. 

1597- 
Deer. 20. 



Nature of Entry. 
List of Jury. 



Special Service. 



Parties. 

Wm. Irving of Beltie. 

Pauid Mengzeis. 

Wm. Gray. 

Leonard Leslie. 

George Elphingstoun. 

Alexr. Ewin. 

Wm. Skeyne. 

Thomas Cowie. 

Mr. Wm. Reid. 

Mr. Andrew Clark. 

James Steuart. 

Andrew King. 

Alexr. Schand. 

Thomas Meldrum of Bray. 

John Meldrum of Ordley. 

Thomas Meldrum of Iden 
to his grandfather 
Thomas Meldrum of 
Iden. 



Subject or Res Gestae. 



Lands of Iden, Mill of the 
same and Salmon Fishing 
on the Doverne. Also 
lands of Auchmull, Stro- 
quharie, Fortrie, Auchna- 
moyne in the Barony of 
Kingedward. Old value 
$ per annum. Present 
value lj. Held of 
Meldrum late of Fyvie, 
blench for payment of id. 
Scots at Pentecost yearly. 
In non entry for 20 years 
and 9 months since death 
of ancestor in May 1577. 



General Service. 



1598.1 
June 3. 



Judicial Admission 
Removing. 



of 



Jeannie Meldrum to her 
mother Elizabeth Tul- 
loche. 

Andrew Fraser of Stanie- 
wod and John Fraser 
his brother v. Mr. Wil- 
liam Fraser in Waster 
Clintertie called Litill 
Clintertie. 

Walter Innes of Auchin- 
toull v. Andrew Low- 
ranee in Petfour, Wm. 
Cuming in Leggat. 

Alexr. Annand, apparent 
of Auchterellone and 
Geo. Lesly of Hilbray, 
Donators to the liferent 
of Mr. Gilbert Annand 
of Collihill v. Alexr. 
Setpun. 

I It will be noticed that there are no entries between Deer. 1597 and June 1598. 



1 6. Removing, Consent to. 



23. Removing, Decree of. 



Lands of Clintertie. This is 
signed by Mr. Wm. Fraser 
and John Fraser. 



Parts of the Lands of Petfour 
and Leggat in the Parish of 
Deir, as pertinents to the 
Barony of Tollihis. 

Collihill in Bourtie. 



379 



Aberdeenshire Sheriff Court: 



Date. Nature of Entry. 

1598. Removing, Decree of. 
June 23. 



Parties. 

Mr. Richard Irving of 
Hiltoune v. Henry Gray. 



Subject or Res Gestae. 

The Shadow half of Hiltoune 
in the Parish of Sanct 
Mauchar. Sasine dated 14 
Deer. 1579. Notary Mr. 
Thomas Mollesoun. 



24. Removing, Decree of. 



Removing, Decree of. 



27. Removing, Decree of. 



George Gordoun, apparent 
of Geicht v. Andrew 
Wod, John Duncane, 
and David Gordoune. 



John Leithe of Harthill 
Adam Donald. 



Thomas Johnestoun of 
Middil Disblairis v. 
William Cultis. 



Miln, Miln lands, Brewcroft 
and other subjects of Ar- 
doche, Tarves. Sasine 
"transsumit furthe of the 
Commissars buiks of Abd. " 
dated 31 March 1588. 
Notary Mr. Thomas Gair- 
din Commissary Clerk of Abd. 

Four oxingang land of Har- 
law and Tempill croft 
thereof, in Logydurnocht. 
Sasine dated 19 April 1598. 
Notary Walter Thomsone. 

Land on Suttetoun of Disblair, 
in Fintray. The Defender 
was present but offered no 
defence. 



Removing, Decree of. 



Alexr. Middiltoun of 
Berrihill v. Alexander 
Hendersone. 



Part of Neddir Mondurno and 
Turbothiehill, in the Parish 
of Sanct Mauchar. Sasine 
dated 3 August 1577. 
Notary Mr. Alexr. David- 



Removing, Decree of. 



Wm. Gordone of Kenner- 
tie v. Andrew Calder 
alias Jamesone and 
Alexr. Leslie. 



Parts of Cunlie in the Parish 
of Keig. Sasine dated 25 
January 1 597. Notary 
Walter Innes. 



Removing, Decree of. 



July 3. Removing, Decree of. 



Gilbert Gray of Schewes 
v. James and Andrew 
Cowesonis, Pa trick Stut, 
Thomas Snell and Wm. 
Watsone. 

George, Erie Huntlie &c. , 
&c. v. William Gor- 
doune of Crag, principal 
tenant and his sub- 
tenants, also Helen 
Innes, Widow of Patrick 
Gordone of Letterfourie, 
Mr. Alexr. Gordon of 
Tulloche and a number 
of others. 

380 



Parts lands of Culcox and 
Newseat, Barony of Schewes, 
Tarves. Sasine dated 31 
Janua>y 1583. Notary Mr. 
John Gray. 

Parts of the lands of Rhynie 
and Ardlonie. The Lands 
of Ardonald, The hauche of 
Uttingstoune, Ringlands 
Croft, Westertoune, Carnie, 
Auchindrewn, Connacleych, 
Mostoun, Overkirk, Bog- 
mowin, all in the Lordship 
of Strathbogy. Date of 
Sasine not given. 



Decree Books: Vol. I., Contents 



Date. Nature of Entry. 

1598. Removing, Decree of. 
July 4. 



Parties. 



Subject or Res Gestae. 



Alexander Lesly, burgess Part of Kirktoun of Dyce, 
of Abd. v. Walter and Parish of Dyce. No Sasine 
Ronald Ronaldsone. produced. Defenders 

alleged a year's lease and 
referred to Pursuer's oath, 
who denied it. 

Removing, Decree of. John Forbes of Petsligo v. The Lands of Aldtoun of 

Mr. Arthur Forbes. Wardres in the Barony of 

Petsligo. This diet was 
fixed that the Pursuer might 
give the declarator of his will 
concerning the removing or 
not removing of the De- 
fender. On behalf of the 
latter an adjournment was 
asked, and there was pro- 
duced a " Testimonial! of 
the Minister off Inche testi- 
feing that the Defender is 
presentlie diseasit and may 
not trauell." In spite of 
this the Laird of Petsligo, 
who was personally present 
and declared his will for a 
removal, obtained his decree. 

Williame Gordone of In terms of an obligation, 



6. Enforcement of an obli- 
gation. 



Geicht v. Wm. Scott in 
Ardlogie and Alexr. 
Cheyne there. 



7. Removing, Decree of. 
17. Removing, Decree of. 

Removing, Decree of. 



Elspet Mortymer liferent- 
rix v. Archibald Douglas 
and John Davidsone. 



dated at Gicht 20 Feby. 
1597-8, decree passed for 
" ten punds usuall monie of 
this realme for ilk boll of 
fourscoir bolls ait meill ryne 
met of the Commoun mes- 
sourof Abd." Wm. Iruing 
of Ardlogie desired to be 
admitted for his interest but 
was refused. 

Part of the lands of Peters- 
toune, in the Parish of 
Sanct Maucher. 



John Leithe of Mongarie Croft of Land, Mongarie, 
v. Andrew Measone. ParishofTullinessal. Sasine 

dated 20 March 1586-7. 
Notary Mr. Alexr. Wat. 

William Chalmer, lawful Part of toun and lands of 



son to late Mr. Wm. 
Chalmer, portioner of 
Disblair and his Curator 
John Chalmer of Bal- 
bithane v. Charles 
Chalmer of Tillikerrie 
and Andrew Chalmer 
and John Thomesoun. 

381 



Wester Disblair, Parish of 
Fintrey. Sasine dated 30 
June 1598. Notary Mr. 
Wm. Andersone, Sheriff 
Clerk. 



Aberdeenshire Sheriff Court: 



Date. Nature of Entry. 



Parties. 



Subject or Res Gestae. 



1598. Removing, Decree of. 
July 31- 



Patrick Barclay of Towie 
v. Michael Clerk, John 
Mylne and Wm. Beddis. 



Mylne of Mylneseat and 
Cauldwalls in the Parish of 
Turreff. Sasine dated 23 
Jany. 1583. Notary Alexr. 
Watsoun. 



Removing, Decree of. 



Jane Mengzeis liferentrix 
v. Isobel Dune relict of 
Wm. Bruce and Wm. 
Mitchell. 



Brew croft in Auchinlek, in 
the Parish of Deir. Sasine 
dated 31 August 1582. 
Notary Mr. John Robert- 



Removing, Decree of. 



Alexander Irving of Drum 
v. Gilbert Vaus. 



Mylne and Mylne Croft of 
Kynmuks in the Parish of 
Kinkell. No Sasine pro- 
duced. Lease alleged and 
referred to Pursuer's oath, 
who denied it. 



Octr. 4. Action of Transferring 
against an Executrix. 



Alexander Duncansoun in 
Rora v. Isobell David- 
soun relict of Alexr. 
Thomsoun in Ithie and 
others. 



An Action of Spuilzie of Nolt, 
Sheep, &c. [Duncansoun 
v. Thomsoun, Infra I Febry. 
1598-9.] 



Removing, Decree of. 



Patrick, Lord Glamis v. 
Janet Forbes, relict of 
Walter Barclay of Drum- 
delgie. 



Tua pleuchis and four oxin- 
gait Lands of Curtestoune 
in the Parish of Leslie. 
Sasine not produced. 



Removing, Decree of. 



John, Lord Forbes v. 
James Stewart and John 
Stewart his brother. 



Toun and Lands of Ester 
Abargairdin in the Barony of 
Fiddes and Strathgarnik by 
annexation. Sasine not 
produced. 



5. Removing, Decree of. 



Mr. Robert Irving of Ane pleuche callit the Bray- 

Moncuffer v. George syde of Moncuffer and nets 

Irving in Braysyde of salmon fishing on the Water 

Moncuffer. of Doverne called the 

Kirksyde in the Barony of 

Moncuffer. Sasine dated 

5 June 1568. Notary Mr. 

John Bagray. 



13. Removing, Decree of. 



Gideon Keithe of Sauchok 
titular and takisman v. 
James Keithe inGarlogy. 



Half loun and lands of Gar- 
logy, in the Parish of Skeyne. 



382 



Decree Books: Vol. L, Contents 



Date. 



Nature of Entry. 



Parties. 



Subject or Res Gestae. 



1598. Transumpt. 
Octr. 16. 



Advocate in Aberdeen 
his procurator. 



George, Earl Marischal Instrument of Sasine dated 9 
by Mr. Wm. Reid, Novr. 1581, proceeding on 
Royal Precept dated 4 Novr. 
1581 in favor of George 
Earl Marischal as heir of 
William his grandfather in 
the Lands and Barony of 
Kyntor, from the Protocol 
Book of the late William 
Bruce, Notary and Sheriff 
Clerk depute. Alexr. 
Chalmer of Cultis, Alexr. 
Cullane and Mr. Robert 
Chalmer, burgesses of Abd. , 
to whom the precept was 
directed were styled Sheriffs 
of Aberdeen, Kincardine, 
and Banff. The witnesses 
to the Act of Court were 
Andrew King, Mr. Wm. 
Reid Advocate, Gilbert 
Thomsone Notary Public, 
James Keithe of Kynnadie, 
Mr. Alexr. Irving Advocate, 
Alexander Chalmer and 
Robert Gareoche Esquires 
(armigeri). 

31. Protestation for not insist- Andrew, John, Micheall 4 of expenses, being 2O/- to 



ing and Decree 
Expenses. 



Novr. I. Molestation. 



29. Removing, Decree ot. 



for and Alexander Yetts in 
Hythie v. Alex. Hay 
in Corthycrom. 

John Chalmer of Bal- 
bithane as tutor to 
William Chalmer, eldest 
son and heir of Mr. 
William Chalmer of 
Wester Uisblair v. 
Charles Clialmer of 
Tillikerric. 



Mr. Robert Irving of 
Moncuffer v. Walter 
Grant, burgess of Banff. 



383 



each. This sum was fixed 
in consideration that the 
Pursuers dwelt at a distance, 
and had to ride to Aberdeen. 

A dispute about the marches 
'twixt the Pursuer's Shadow 
half of Wester Disblair and 
Tillikerrie, when the de- 
fender appeared and admit- 
ted he had trespassed, and 
was admonished to observe 
and keep the marches, which 
are detailed in the decree, 
for the future. 

The Kirksyde part and pen- 
dicle of the Pursuer's half 
lands of Moncuffer and 
salmon fishing on the 
Deveron in the Barony of 
Barcley, of which the De- 
fender had taken possession 
when George Irving had 
been ordained to remove. 
[Decree on 5 Octr. Supra.} 
In referring to the previous 
case the term is used ' ' De- 
creit of this auditorie." 



Aberdeenshire Sheriff Court: 



Date. Nature of Entry. 

1 598. Decree of Transumpt. 
Deer. 14. 



Parties. 

George Gordoune of Cow- 
clarauchie as son and 
heir of George Gordone 
of Blairndynnie. 



384 



Subject or Res Gestae. 
Instrument of Sasine dated 1 6 
March 1584-5 proceeding 
upon precept by David, 
Bishop of Aberdeen, dated 
20 Jany. 1584-5 of the town 
and lands of Hauche of 
Bogie, alias Blarnedynnie, 
Shire of Cla'.. The precept 
of Sasine was signed by the 
Bishop of Edinburgh, two 
of the witnesses being John 
Gordoun apparent of Buckie 
and Mr. Francis Cheyne. 
It was directed to William 
Gordoun of Auchindoir and 
Robert Barclay of Faichhill, 
by whom Sasine was given 
in presence of Alexander 
Leslie of*Boquharne, William 
Gordone, son of the said 
William Gordone of Auchin- 
doir, John Robsoun in 
Blairindynnye, Andrew 
Ranye in Smithstoun of 
Notht, Alexander Gordone 
and George Gordone there, 
and Patrick Gordone in 
Fulzemonth. The wit- 
nesses to the Act of Court 
were Mr. Robert Paip 
Advocate in Aberdeen, 
William Gordon of Tulli- 
angous, George Gordoune 
in Scurdarg, and Gilbert 
Thomesone burges. The 
precept, in narrating the 
verdict of the inquest which 
sat on the breive of Service, 
makes an interestingallusion 
by implication to the rebel- 
lion of the ancestor who was 
executed after Corrichie. 
The words are these : 
"Quod quondam Georgius 
Gordone de Blairndynnie 
pater Georgii Gordoun nunc 
de Coclaurauchie latoris 
presentium obiit ultimo 
vestitus et sasitus ut de 
feodo ad pacem et fidem 
Marie quondam regine 
matris dicti S.D.N. regis 
moderni Aut saltern ratione 
literarum gratie et restitu- 
tionis per dictum S.D.N. 
regem cum auisamento et 
consensu dominorum secreti 
consilii dicto Georgio 
desuper concessarum ipse 
nunc est eiusdem sortis et 
conditionis ac si dictus suus 
pater obiisset ad pacem et 
fidem dicte Marie quondam 
regine." 



Decree Books: Vol. L, Contents 



Date. 



Nature of Entry. 



1 598-9 Removing. 
Jany. 10. 



Feby. I. Action for Rent. 



Spuilzie or Wrongous 
Intromission. 



Spuilzie or Wrongous 
Intromissioun. 



Parties. 

Andrew Brabner elder, 
burgess of Abd. it. Alexr. 
Philp and Matthew Still 
and Gilbert Mengzeis of 
Petfoddellis for his 
interest. 



John Strachachin, Minister 
at Keig v. Patrick 
Strachachin in Ardgows. 



George Strachachin bur- 
gess of Abd. v. Mr. 
Robert Youngsone 
Minister at Drymminnor. 



Alexr. Duncansone in 
Rora v. Alexr. Dauid- 
sone, son of Robert 
Dauidsone in the Perk- 
hous of Deir, Wm. 
Smithe at the Kirk of 
Fettirangous, John 
Moreis in Brekishill, 
Andrew Essilmonthe, 
Younger, Margaret 

Ogstoune in Dumps- 
tonne, John Farquhair 
in Corthicrome, John 
Thomsone in Newseat, 
Wm. Dauidsone in 
Auchmaleddie and Iso- 
bell Dauidsone, widow, 
as intromitter with her 
late husband Alexr. 
Thomesone's estate. 



Subject or Res Gestae. 

Each from four oxgait of the 
Schadow plouch of Wester- 
toun of Petfoddellis in the 
Barony of Petfoddellis. 
The Pursuer produced a 
Charter and Sasine, but the 
dates are not given. 

Town and lands of Clay mylns, 
Barony of Lenturk. Oat 
meal, Crop 1597, per boll 10 
merks, Malt do. 12 merks, 
Poultry each 40 d. , Capons 
each 5 sh. 

A "gown of Reissalls grow- 
grane thick pessimentit with 
silken pessiments." Value 
as proved ^"30. " A skirt of 
figurat weluot 1 ' 10. A 
" hewit plaid " .10. With 
^5 of expenses. 

The liability in this case had 
been transferred to Isobell 
Dauidsone, widow of Alexr. 
Thomesone, one of the 
original Defenders by action 
of transferring [Supra Octr. 
4]. A dilatory plea was 
stated that at and before the 
time of citation the defen- 
ders dwelt in the Sheriff- 
dome of Banff. It was held 
that they had all been law- 
fully brought into court 
"ratione rei de qua agitur." 
Decree passed for restitution 
of or payment for 
A white horse 40 
5 Cows each 20 merks 
3 Steers each 10 
with the lost profit at 6/8 per 
day for the horse, a calf 
yearly from each cow at 4, 
besides 5/- per day for milk, 
butter, cheese, and dung 
from the cows, and 4/- per 
day for the work, hiring, 
and dung of each steer. 38 
milk ewes each 4O/-, 22 two 
and three year old wedders 
each 4 merks, 10 yeild ewes 
2, 3, and 4 years old each 
3o/-, with .5 of expenses to 
be paid equally by Defen- 
ders. 



CCC 



385 



Aberdeenshire Sheriff Court 



Date. Nature of Entry. 

1 598'9 Rent and Arrears, Decree 
Feby. I. for. 



Mch. 31. Removing, Decree of. 



Removing, Decree of. 



Instrument of Sasine. 



Instrument of Sasine. 



Parties. 

Elizabeth Cheyne, Relict 
of John Kennedy of 
Carmuk and wife of 
Magnus Mowat, appar- 
ent of Baquhollie, as 
tackiswoman or titular 
v. Wm. Kennedy in 
Kirkhill. 

Alexr. Irving of Drume 
liferenter and Alexr. 
Irving his eldest son fear 
v. David Pantoun, 
and Alexr. Dawie his 
subtenant and girsman. 



Alexr. Keithe in Atherb 
v. James Symsoune. 



Alexr. Irving of Drum 
in lifercnt and Robert 
Irving his second son in 
fee. 



Alexr. Irving of Drum in 
liferent and Robert 
Irving his second son in 
fee. 



Subject or Res Gestae. 

Kirkhill, Parish of Ellone. 
Decree for 55 bolls of meal 
at 4 .13.4 per boll over- 
head with ^6.13.4 of 
expenses. 



8 Oxingang of the town and 
lands of Lochmans part of 
Lands of Coull, Parish of 
Coull. Four bolls sowing 
of the Croft and fauld of 
Curiebreks fauld. Date of 
Sasine not given. Decree 
against Dawie only. 

Town and lands of Bethleame, 
Lordschip of Altrie, Parish 
of Deir. Sasine dated 26 
Febry. 1584-5. Notary 
James Thomesoune. 

This is obviously a copy of 
the Sasine produced by 
Irving of Moncuffer in the 
Kirksyd case [Supra p. 382]. 
The Charter and Precept of 
Sasine were granted by 
George Barclay of Barclay. 
The exact date and the 
names of witnesses are not 
given. 

Of the lands of Foulsie in the 
Barony of Barclay by 
annexation. The Precept 
of Sasine was granted by 
George Barclay of Gran- 
tulie knight, with consent 
of Walter his son and heir, 
at Banff on 6 and 9 January 
1577-8 before witnesses 
Robert Earl of Buchan, 
Alexander Ogilvy of Boyne 
and others. Sasine was 
given on 22 July 1578, the 
notary being Mr. John 
Bagray. 



386 



Illustrative Examples taken from Decree Book, Vol. I. 

Part I. 

Admission and Installation of Sheriff Clerk 

At Abirdeine the auchtene day of Junij the yeir of God j m v c 

fourscoir and sevintene yeiris 

THE quhilk day in presens of ane honorabill man Maister Thomas Leslie 
Shref deput of Abirdene judicialie sittand within the Tolbuith of the said 
bruch in ane fencit court of the said Shrefdome us notaris publict and 
witnessis under writtin Compeirit the Richt Honorabill Sir Johne 
Gordoun of Petlurg knicht procuratour for ane nobill and potent Lord 
George Erie Huntlie Lord Gordoun and Badzenocht etc and Deame 
Henriet Steuart Countes of Huntlie lauchfullie constitute to the effect 
under writtin haueing in his hands ane gift maid be the said Erie and 
Countes of the Shrefclerkschip of the Shrefdome of Abirdene to Mr 
Williame Andersone burges of Abirdene for all the dayis of his lyftyme 
as the said gift of the dait at Torrisoul and Bog of Geicht respectiue the 
xxij and xxiij dayis respectiue of Maij last bypast proportis pertening 
and belanging to the said Countes be gift of his Majestie grantit to hir 
be resone of the forfaltrie of the said Erie And in name of the said Erie 
and Countes dischargit Mr Alexander Eraser and Mr William Reid 
Shref Clerks of the said Shrefdome and all uther Clerks thairof of thair 
office of the said Shrefclerkschip and of all useing and exerceing of the 
same in tyme heirefter The said Maister Williame Reid being personalie 
present dischargeing and renunceing the said office frilie and simply in 
favours of the said Mr Williame Andersone to be bruikit and joisit be 
him be wertue of the said gift during all the dayis of his lyftyme And 
forder the said Sir Johne Gordoun procuratour foirsaid for coroboratioun 
of the said gift maid to the said Maister Williame Andersone resauit 
and admittit the said Mr Williame Andersone to the said office of 
Shrefclerkschip of the said Shrefdome for all the dayis of his lyftyme and 
gave him institutioun of the same office realie be delyvering to him of 
the judiciall court buiks of the said Shrefdome and seill of office of the 
same and set the said Mr Williame doun in jugement as Shrefclf-rk 
foirsaid to be bruikit joisit and usit be him during all the dayis of his 
lyftyme with the casualiteis and writneis thairof conforme to the said gift 
in all pointis And the said Shref deput causit the said Mr Williame 
Andersone be solempnitlie suorne for faithfull administratioun in the said 

387 



Aberdeenshire Sheriff Court : 

office Quhairupoun the said Mr Williame Andersone cravit instrumentis 
Befoir thir witness Wm Troup of Petindreich Alexr Duff of Cornsoull 
James Ogiluy appeirand of Blelok George Troup Johne Urquhart 
Chirurgin burgessis of Abirdene Mr Thomas Molysoun Toun Clerk of 
Abirdene Mr Williame Reid Gilbert Thomsone and Walter Robertsone 
Notaris Sic Subr Walter Robertsone notarius in premissis requisitus Mr 
Williame Reid notarius publicus Gilbert Thomsone Notarius publicus in 
premissis 

Some Prices ot Values in 1597 

The following are taken from the two cases of Keith v. Gordon, 
Walker and Lumsden recorded on 7th April, 1597, and Barnat v. Forbes 
and Gilpatrick, decided 5th Octr., 1597. These cases were contested and 
decided after evidence had been led. 



. 
Keith v. Gordon and others. 

Oats with fodder per boll ....... $ . 

Beir with fodder per boll ....... 10 . 

Oxen and cows overhead each ...... S . 

Sheep do. do ....... 2 . 

Horses and mares do. do ....... 10. 

2 Pistolats (pistols) do. do ..... . M.io. 

Gray fustene doublat ....... M.io. 

Pair of breiks of gray stenning . . 4 . 

Gray coitt and gray breiks ...... 10. 

Hand bow being utter fyne ...... 20 . 

Buklar suord ..... . . 10. 

Quhingar and gantilat .... 3 . 

2 dozen peuter vesshells per dozen ..... 4 . 

A salt fatt .... -.6.8 

10 pair new bed plaids per pair ..... 2 . 

4 Chand!eris each ........ .3.6.8 

3 Boustaris each ... . $ 

10 Cods each ..... . . . -.6.8 

8 pair new Scheits per pair .... . M.4 . 

3 pair heid Scheits per pair . . 3 . 

3 Burd claithis and 2 Lynning towallis price of the haill 15. 

i dozen Seruits each . -.3.4 

3 Bed coveringis each ....... M.8 . 

Mekill girnall with sex kists . . 20 . 

Mett Almrie and a Top almrie . M.8 . 

388 



Decree Books: Vol. L, Illustrative Examples 

(b) 
Barnat v. Forbes and another. 

Meal per boll M. 1 5 . 

Beir per boll M. 1 5 . 

Ewes each ......... 2 . 

Cow and Calf M.2O. 

10 Foullis young & auld in all i . 

Dunmellis and wedders each 2 . 

Lambs each . . . . . . . . . i . 

Yron pot and cruik ........ M.4 .10.- 

3 Irene disches . . . . . . . . . -.3.4 

3 Coks or Coigis -.3.4 

3 Tubis l . 

Walter Stoup - . 6 . - 

Rubbour -.3.4 

Pair of Kairds i . 

i Point of fet with veschell containing it . . . . - . 4 . - 

2pundofWoll -.16.- 

6 home Spounis . . . . . . . . 2 . - 

3 Poiks i . 

Canvessis .......... i . 

A Bullcox or Bullex - . 4 . - 

A Dyche -.3.4 

A Peit spaid with the heid - . 4 . - 

Girnall kist M.4 . 

Another kist M.2 . 

Quarter pound of Soap -.-.8 

1 Ib of Scheip tauch (tallow) -.3.4 

6 pair of schapin and unschapin Schone per pair . . - . 4 . - 

A Spynning Quheill i . 

Unwrocht Yron and wrocht 1.3.- 

Ane yron taingis . . . . . . . . - . 5 . - 

3 Mekill kist bands (or burds) i . - . - 

3 scoir of louss tyrnber per dozen . . . . . -.10.- 

2 Burden duris (doors) -. 15. - 

Garments of claithis coittis breiks and doublats in all . 2 . 6.8 

Pair tarton schanks . . . . . . . -.3.4 

3 quarters of new hoising quhyit -.10.- 

A schuitting hand bow with bag and 20 arrowis . . 2 . 10. - 

A lynning serk . . . . . . . . . -.6.8 

A suord belt -.3.4 

3 pieces of ledder callit colledderis. . . . . . - . 4 . - 

6 pair of schewit schone in all -.10.- 

389 



Aberdeenshire Sheriff Court 

2 barket hrds (?) M.6 . - . - 

A helane durk with scheath and bykniffe . . . -.6.8 

3 Alisones (awls) - . 2 . 

3 Cordinar knyffis - . 3 . - 

A blek stoup full of blek -.3.4 

\ Ib of talche -.1.8 

A mekill kirne -.6.8 

A ladill .... - . - . 4 

2 Woll scheiris - . 4 . - 

A Plait - . I . - 

A Trunchour . . . . . . . . . - . I . - 

Pair yron ballis . . . . . . . . . - . I . - 

2 scheiring huiks . . . . . . . . -.6.8 

A new horss claith -.6.8 

2 muk graipis -.2.8 

A schuill - . i . - 

A small meill siff . . . . . . . . -. 4. - 

Decree was asked but not given for the following coin : 
Tuelf auld Rosnobillis at xii merks Ilk peice Tua fyve pund peices 
amoynting in the haill to the soume off seven scoir and ten merks quhilk 
gold and siluer wes in ane pig in the nuk of the said Agnes hous 



390 



PART n. 

Officials prior to J600 



OFFICIALS OF THE SHERIFF COURT 
OF ABERDEENSHIRE. 

The Sheriffs. 

I22I. 1 SIR PHILIP DE MALEUILLE. 

The family to which this Sheriff belonged is believed to have come 
to Scotland with David I. Galfridus, the first of the family of whom we 
have definite knowledge, is said by Douglas to have lived under David I. 
and his successors, Malcolm IV. and William the Lion, and to have 
attained to the position of Justiciary of Scotland. 2 Two local references 
to this personage may be given. He was a witness (1165-1171) to the 
grant of the Church of Tarland to the Church of St. Andrews by More- 
grundus, Earl of Mar,3 and again (i 171-85) to the earliest existing Royal 
Charter to the Burgh of Aberdeen.4 This Galfrid had a son named 
Philip,s but the editor has not been able to find evidence as to whether 
this son or Philip, the grandson of Galfrid (as Douglas asserts) was the 
future Sheriff. The evidence of the Sheriffship of a Philip de Maleuille 
is quite clear and conclusive. He is so styled when witness to a Charter 
of the lands of Petmengartenach granted by Stephen of Kinardley to the 
Abbey of Aberbrothoc (i22i). 6 Again among the Charters of the Priory 
of St. Andrews is one entitled " Conuencio inter Priorem et Conuentum 
Sancti Andree et Gillemor Scolgo de Tarualont hominem eorum ligium 
et natiuum "7 (1222), to which Philip de Mauleuille vicecomes Abirdonen- 
sis is a witness. At a somewhat later period he was Sheriff of the 
" Mernes " 8 (Kincardineshire). Philip, the son of Galfrid, owned the 
lands of Munethen (Mondynes), now part of the estate of Glenbervie. 
From the documents establishing this fact it appears that Munethen was 

1 When one date is given it is either the only date or the earliest date at which evidence is 
found of the appointment. When two are given they are the earliest and the latest. 

2 Douglas Peer., II., p. 10. 3 Ant. A. & B., II., pp. 14, 15. 

4 Abd. Charters (P. J. Anderson), pp. 3, 4. 5 Keg. Vet. Aberbr., pp. 64, 66. 

6 Ibid., p. 179. 7 Ant. A. & B. II., pp. 18, 19. 8 Reg. Vet. Aberbr., pp. 88-9. 

DDD 393 



Aberdeenshire Sheriff Court : 

the marriage portion, which he received with Eva, the daughter of Walter, 
the son of Sibald. 1 The descendants of Galfrid and Philip were 
undoubtedly proprietors of Glenbervie for many generations, 2 and the 
name of " Galfridus de Glenberuyn" (1178-80)3 would seem to suggest 
that already at that date Galfrid de Maleiulle had proprietary rights 
there. It may be farther noted in connection with this family that the 
estate of Kemnay in Aberdeenshire belonged to one Andrew Malvyll in 
1397,4 and that both Glenbervie and Kemnay are found in the hands of 
a member of the great family of Douglas before the middle of the i6th 
century.s 

1236. SIR V. PRAT. 

In a document entitled " Perambulacio inter Abbotem de Aber- 
brothoc et Comitissam de Buchan super terris de Taruays," this Sheriff 
is mentioned. 6 The document itself is dated at Forfar ist August, 1251 ; 
but it appears to be a copy taken from the Crown records by the Abbot 
of Dunfermline and certified by him, of the settlement of this dispute, on 
3rd August, 1236. Another difference between the Abbot of Aber- 
brothoc and Philip of Pheudarg seems to have been settled on the same 
clay. Among those present at these settlements was mentioned " V. Prat 
tune vicecomes de Abirden Miles." No other mention of this Sheriff has 
been found ; but about the same period a Henry Prat was Sheriff of 
Banff/ and a William Prat Sheriff of Invernairn. 8 

Before 1263. G. DE MALEUYLL. 

In the Exchequer Rolls under date 1264 accounts are given up by 
" G de Maleuyll quondam vicecomes de Abirden."9 Gregorius was 

a family name of the Melvilles at that time as well as Galfridus, and 
Gregorius de Maleuill is mentioned along with Philip Maleuill as a witness 
to a Charter of the wood of Trostach in Banchory Ternan to the convent 
of Aberbrothoc (i233). 10 At a considerably earlier date (1221) we find 
the name of Gregorius (doubtless Maleuill), Sheriff of the Mearns, 

I Reg. Vet. Aberbr., pp. 6, 62, 66. 2 Douglas Peer., II., p. 10. 3 Reg. Vet. Aberbr., p. 63. 
4 Ant. A. &> B. III., p. 263. 5 Douglas Peer., II., p. 439. 

6 Reg. Vet. Aberbt., pp. 161, 2. ^ Ant. A. & B., II., p. 109. 8 Ibid., p. 283. 
9 Exch. Rolls, I., pp. clxxx. and 12. 10 Reg. Vet. Aberbr., p. 91. 

394 



Officials: Sheriffs 

occurring in juxtaposition to that of Philip Maleuill, Sheriff' of Aberdeen, 
in the Petmengartenach Charter already alluded to. 1 

Unfortunately the date of this Sheriff's accounts cannot now be 
ascertained, but such evidence as exists points to his having been the 
immediate predecessor of Andreas de Garuiach. 

1264. ANDREAS DE GARUIACH. 

Neither the Melvilles nor the Prats derived their names from any 
place in the north-east of Scotland ; but the Garioch is a name as familiar 
to us now as it must have been when the Lord of the Garioch, one of 
whose kinsmen Sir Andrew probably was, took his title from it. Isabel, 
the second daughter of David, Earl of Huntingdon, succeeded her 
brother John in the superiority of the Garioch, which thus ultimately 
descended to her great grandson, King Robert I. This Sheriff was 
therefore probably related to the family of Brus as well as to the Royal 
house, and on this assumption it was quite natural that he should be a 
witness to a deed of cxcambion granted by Robert de Brus, Lord of 
Annandale, in 1261, dealing with the lands of Williamston, near Insch 
and Boynds, in the Parish of Inverurie. 2 He also acted not infrequently 
as a witness to Charters granted by the reigning monarch, Alexander 
III. In 1264 and in 1266 he rendered accounts in Exchequer as Sheriff 
of Aberdeen, and it is worthy of note that in the earlier of these accounts 
he takes credit for an outlay of 10 for expenses at Aberdeen and 
Kintore in connection with the King's journey to and from Morayshire. 3 
In 1273 Sir Andreas de Garuiach was one of the witnesses to a pious 
grant by Alexander Cumyn, Earl of Buchan, to a religious foundation at 
Turriff,4 but unfortunately no Sheriffs' accounts exist between 1266 and 
1288, and so the materials for determining the duration of his term of 
office are wanting. 

129x5. SIR WILLIAM DE MELGDRUM. 

It is impossible to fix the date of Sir William Melgdrum's appoint- 
ment or the duration of his Sheriffship ; but some facts about him have 

1 Keg. Vet. Aberlir., p. 179. 

2 Chartulary of Lindores (Scott. Mist. Society), p. 146. 

3 Exch. Rolls, I., pp. ii, 12, 34, and clxxx. 4 Reg. Episc. Abd., I., p. 34. 

395 



Aberdeenshire Sheriff Court: 

been ascertained. The first of the family who acquired foothold in the 
County of Aberdeen was his grandfather, Sir Philip of Fedarg or 
Pheudarg, whose connection with Aberdeenshire is fixed by two ancient 
writings, both referring to subjects in the parish of Tarves. One of these 
has already been alluded to (1236) as occurring in the Sheriffship of V. 
Prat. 1 The other, the date of which is uncertain, is a grant by the Abbot 
of Aberbrothoc to Sir Philip of the lands of Auchnieve, for which he was 
to pay half a mark yearly. 2 The description of the boundaries seems to 
indicate that at one point Auchnieve marched with land already belong- 
ing to Sir Philip. The son of Sir Philip of Pheudarg seems to have 
assumed the surname of Melgdrum either in addition to or as superseding 
his former surname ; and it may be noted in this connection that there 
are various farms in the parish of Tarves still called Meldrum. This son, 
who was also Sir Philip, married Lady Agnes Cumyn, daughter of 
William and sister of Alexander, Earl of Buchan, becoming in this way 
closely connected with a family who were prominent supporters of Balliol 
in his claim to the throne of Scotland. He and his wife had a dispute 
with the Abbot of Aberbrothoc about the Church of Belhelvie, which was 
settled by an Ordinance of the Bishop of Aberdeen, signed at Inverurie 
in February, 1262.3 Again in 1273 we find Sir Philip and his son Philip, 
the subject of this notice, witnessing at Kelly the grant by Alexander 
Cumyn, Earl of Buchan, of an Almshouse at Turriff already referred to.4 
To this deed Fergus Cumyn, the Earl's brother, was also a witness. This 
brings us to Philip the Sheriff, who rendered accounts in Exchequer in 
1290, the account for Banffshire being rendered at the same time by 
John, Earl of Buchan, his cousin.s In the spring and autumn of 1292 
Sir William Meldrum, Sheriff of Aberdeen, makes payments to John de 
Gildforde, Castellan of Aberdeen. 6 Joining in Balliol's uprising, he must 
have lost the Sheriffship and been forfeited, for he made submission and 
swore fealty to Edward I. at Berwick-on-Tweed on 28th August,? while 
a few days later, on 3rd September, there is a writ addressed to the 
Sheriff of Aberdeen to restore his lands to him. 8 Sir Philip was still 
alive in 1299-1300, when he attended a justiciary court in Aberdeen 

I Reg. Vet. Aberbr., pp. 161-2. 2 Ibid., p. 195. 3 Ibid., pp. 192-3. 

4 Reg. Episc. Abd., I., p. 34. 5 Exc/i. Rolls, I., p. 49. 

6 Cal. Doc. Scot. (Bain), II., Nos. 587 & 644, pp, 140 & 149. 

7 Ibid., No. 823, p. 209. 8 Ibid., No. 832, p. 218. 

396 



Officials: Sheriffs 

"juxta castrum de Abirden in loco qui dicitur Castelsyd" 1 ; but he must 
have died before 1306-7, when we find that the ward and marriage of his 
son and heir Thomas, then a minor, had been granted to Sir Thomas de 
Chaucumbe and sold by him to Sir Robert de Keth. 2 

1297. HENRY DE LATHUM. 

It is stated by the author of Inverurie and the Earldom of the 
Garioc/i3 that after the suppression of Balliol's revolt, King Edward 
made Gartney, the son of the Earl of Mar, then or afterwards married to 
Christian Bruce, and Bishop Henry Cheyne his Sheriffs in Aberdeenshire. 
Whether that was so or not and no sufficient evidence of such an 
appointment has been found there is no doubt that Gartney and the 
Bishop were, together with John, Earl of Buchan, Constable of Scotland, 
at that time engaged, with the knowledge and approval and pro- 
bably with the express authority and commission of the English King, 
in suppressing certain disorders in the north-east of Scotland. It has 
been seen, however, that immediately after Sir Philip Meldrum's sub- 
mission an order was given to the " Sheriff of Aberdeen " to restore him 
to his estates, and the likelihood is that when Edward I. left Aberdeen 
on his way south in July or August, 1296, the Sheriff in charge of 
Aberdeenshire was Henry de Lathum. On the very day indeed (i i June, 
1297) when the King was addressing a letter to Gartney, he was writing 
to " dilecto et fideli suo Henrico de Lathum vicecomiti de Aberden." 4 
In this letter the King requires de Lathum to be diligent in repressing 
the serious disturbances of the peace and numerous crimes which were 
reported to be rife in those parts. So far as can be judged by the event, 
the Sheriff not only failed in his duty but leaned to the side of the Scots, 
for on ist August, 1297, the Earl of Warenne writes Edward that he had 
taken steps to capture de Lathum.s while six months later (6th Febry., 
1297-8) the Sheriff of Lancaster is directed to seize the lands of Henry 
de Lathum " a rebel and adherent of the Scots." 6 The family of de 
Lathum seem to have hailed from Lancashire. One of the name, 
Robert de Lathum, was Sheriff of Lancaster in 1251-2,7 and another, also 

I Reg. Vet. Aberbr., p. 164. 2 Cat. Doc. Scot., II., No. 1983, p. 527. 

3 Inverurie attd the Earldom of the Garioch, p. 41. 

4 Rotuli. Scot., I., p. 41. Ant. A. &> B., IV., p. 704. 

5 Hist. Doc. Scot. (Stevenson), II., p. 217. 6 Col. Doc. Scot., II., No. 972, p. 249. 
7 Ibid., I., Nos. 1796 & 1861, pp. 333 & 349. 

397 



Aberdeenshire Sheriff Court: 

Robert, was, along with four others, ordered by King Edward (ipth March, 
1306-7) to raise 1000 footmen in Lancaster, who were to form part of a 
force which was being assembled at Carlisle " to pursue Robert de Brus 
and his accomplices who were lurking in the moors and marshes of 
Scotland." ' 

1299-1300. JOHN EARL OF ATHOLE. 

The evidence of the Sheriffship of the tenth Earl of Athole is his 
being designed as " tune vicecomes de Abirden " in the record of the 
Court of Justiciary in the "Castelsyd" at Aberdeen referred to in the 
notes upon Sir William Meldrum. 2 He became a staunch adherent of 
Robert the Bruce, was present at his coronation, and being taken captive 
by Edward, was condemned to death and executed in London, in 
November, 1306.3 

1303. SIR ALEXANDER COMYN. 

It may be assumed with some confidence that Sir Alexander Comyn 
succeeded the Earl of Athole as Sheriff of Aberdeenshire. He twice 
accounted as Sheriff in the 32nd year of Edward I., 4 which, if his accounts 
were for the year then current, would place him in office in 1 304. It is 
stated, however, in the Records of AboyneS that he was Sheriff about 
the time of King Edward's visit to Aberdeenshire in 1303. Some 
difficulty arises in distinguishing between this Sir Alexander Comyn and 
Sir Alexander Comyn of Badenoch, who was a co-temporary. Both 
names, but without any territorial designations, occur on the Ragman 
Roll, one as having submitted at Elgin on 2/th July, 1296, and the other 
on 28th August at Berwick-on-Tweed. 6 The latter might very probably 
be Sir Alexander of Buchan, his brother John, Earl of Buchan, being one 
of those swearing fealty on the same day. Both the Earl and Sir 
Alexander took oath on 6th June, 1297, to serve the King of England 
against the King of France.7 It is of course obvious from his having 
been appointed Sheriff that he had fully gained the confidence of the 

1 Cal. Doc. Scot., II., No. 1913, p. 508. 

2 Reg. Vet. Aberbr., p. 164. 3 Douglas Peer., I., p. 133. 

4 Cal. Doc. Scot., II., No. 1646, pp. 438-9. 5 Records of A boy tie, pp. xxx. & 363. 
6 Cal. Doc. Scot., II., No. 823, pp. 195-6. ^ Ibid., Nos. 888, 9, p. 233. 

398 



Officials: Sheriffs 

English authorities, and this is farther borne out by the fact that Edward 
I. in 1304 acceded to his request for delivery to him of Aboyne Castle. 
On the intervention of the Earl of Athole, however, who represented that 
Sir Alexander Comyn had already got Urquhart and Tarwedale Castles 
and had besides the Castle of Aberdeen at his disposal, the order for 
delivery of Aboyne Castle was suspended. 1 About the same period 
various petitions were laid by Sir Alexander before the King, and among 
them was one for re-imbursement of his expenses while Sheriff, and 
another for letters of protection against those whom he might have 
displeased in the discharge of his office. 2 The supremacy of the Comyns 
in Aberdeenshire came to an end with the "harrying of Buchan " which 
took place after the Battle of Inverurie in 1308, although after Bruce's 
death and during the temporary success of Edward Balliol, Edward de 
Beaumont, who had married Alice, the elder daughter of Sir Alexander 
Comyn,3 assumed the title of Earl of Buchan, and sat in Balliol's 
parliament at Edinburgh on loth February, 1333-4.4 

1304-5 SIR ROBERT KEITH, 

Marischal of Scotland. 

The name of Sir Robert as Sheriff has not been found in any 
official document, but about this time he appended his seal to a 
conveyance of Ledyntosach and Rothmase in the Garioch, by Duncan, 
son and heir of Helen, daughter of Adam of Rane, in favour of Henry of 
St. Michael, dated January, 1304-5, in the testing clause of which he is 
designed Sheriff of Aberdeen.s His history, like that of many of the 
Scottish barons of the period, was marked by alternations of policy in 
public affairs, although less so in his case than in the case of many others. 
He had a grant of the lands of Keith from Balliol in 1 294.6 ^ n the 
subsequent rising against the English supremacy he took part, and, as 
his name does not appear on the Ragman's Roll, he must have adhered 
steadfastly to the national party. On 2Oth August, 1299, he was made 
Warden of Selkirk Forest on behalf of the guardians of Scotland, with 
instructions to raid the English marches.? A year later he was a prisoner 

I Cal. Doc. Scot., No. 1633, p. 435. 2 Ibid., No. 1617, p. 431. 

3 Douglas Peer., I., p, 265. 4 Scots Acts, I., p. 1 80. 5 Reg. Episc. Abd., I., pp. 38-40. 

6 Douglas Peer., II., p. 186. 7 Cal. Doc. Scot., II., No. 1978, p. 525. 

399 



Aberdeenshire Sheriff Court : 

at Carlisle and considered too dangerous a rebel to be allowed to remain 
so near Scotland. He was therefore, by the orders of Edward I., trans- 
ported to Nottingham, there to be kept separate from his fellow-prisoner, 
Robert de Barde. 1 At Michaelmas of the same year he was a prisoner at 
York, under orders for Bristol, while de Barde was sent to Gloucester. 2 
In his accounts on ipth October, 1304, the Sheriff of Northumberland 
charges the expense of conducting Keith and four other Scotsmen from 
Newcastle to Berwick in 1303.3 It would appear, therefore, that if he 
had not actually been received to the King's peace in 1303, he had made 
overtures of submission. He had certainly finally submitted before 
Martinmas, 1303, because in two petitions laid by him before the King at 
that time he is said to have come to the King's peace.4 We next find 
him dining with the Prince of Wales at Perth, on 2nd February, 1303-4,5 
and as one of the Scottish Commissioners agreeing, in September, 1305, 
to King Edward's ordinances for the government of Scotland and 
accepting high office under them. 6 From this time he was an officer of 
State under King Edward I., and receiving pay so late as about 1 8th 
July, 1307, when he was with Aymar de Valence, the King's lieutenant, 
near Ayr.7 This was a few days after the death of Edward I., and when 
we next have definite knowledge of Sir Robert's movements, he was 
materially assisting Robert the Bruce to achieve victory at Inverurie. 

As a reward he got a grant of Hall Forest, near Kintore. 8 

At the battle of Bannockburn Keith, who was in command of the 
Scottish horse, rendered important service at a critical moment, contri- 
buting greatly to the completeness of the victory. 

His services were not unrewarded, and when the Comyn lands in 
these northern parts came to be divided among the close friends of the 
King, the Keiths had their share, obtaining a grant in November, 1324, 
which settled them, alongside of the Hays, Frasers, Irvines, and Burnards 
(Burnet) as great landholders in Aberdeen and Kincardine.9 

His name appears frequently as a witness to Crown grants, and 

1 Cal. Doc. Scot., II., Nos. 1147, 1148, p. 292. 

2 Ibid., No. 1159, p. 295. 3 Ibid., No. 1602, p. 420. 

4 Ibid., Nos. 1406, 1409, pp. 362-3. 5 Ibid., No. 1516, p. 393. 

6 Ibid., No. 1691, p. 457. 7 Ibid., No. 1955, p. 520. 

8 Robertson's Index Missing Charters, p. 2. 9 Sfots Acts, I. p. 122. 

400 



Officials: Sheriffs 

especially there may be mentioned Robert the Bruce's grants to Aber- 
deen of 24th October, 1313, and 8th and loth December, 1319.' 

Sir Robert was killed at the battle of Dupplin on I2th August, 1332 
" cum plerisque ex familia nobilibus " as Boece has it. 

1305. SIR NORMAN DE LETHELYN (LESLIE.) 

This Sheriff was appointed by Edward I. in his Ordonnance for the 
Government of Scotland issued in September of this year. 2 He appears 
in the Historical Records of the Family of Leslie as Sir Norman de 
Leslie, the fifth of that ancient family. Like many others he swore 
fealty to Edward I. in 1296 at Aberdeen on July iSth, and at Berwick on 
August 28th,3 and renounced the French Alliance, with regard to which 
Col. Leslie, the compiler of the records, makes the following observa- 
tion : "Probably it was for compliances such as these, of which it would 
be difficult to fix the adequate blame, but which no patriot can consider 
excusable, that King Edward appointed Sir Norman de Leslie Sheriff of 
his native County of Aberdeen in 1305." He seems to have died 
between 1314, when he sat in Bruce's Parliament at Cambuskenneth, and 
1320 when his son, Andrew, appears as Sir Andrew de Leslie. 

1320-4. SIR WALTER BERKELAY. 

The official evidence of the Sheriffship of Sir Walter is found in the 
records of the Black Parliament held in Scone in August 1320, where the 
name of " Walter de Berclay Vicecomes de Abirdonia " appears on the 
list of those accused of treason.4 An account of the plot against King 
Robert the Bruce's life, and of the trial of the various persons accused, is 
given in Tytler's History under this date. Several of those tried were 
found guilty and suffered the penalty of death, but Berkelay was ac- 
quitted. The King must have been satisfied with this verdict, for we 
find Berkelay holding the office of Sheriff four years later. 

By one of King Robert's Charters to the Burgh of Aberdeen dated 
25th September, 1324, the Burgesses and Community were freed for 
ever from all manner of assize (or custom) of Ale and Fish both red and 

I Abd. Charters, pp. II, 12, 14. 2 Scots Acts I., p. 15. 

3 Cal. Doc. Scot., II., pp. 195, 203. 4 Fordun Lib., xiii., Cap. L. 

EEE 401 



Aberdeenshire Sheriff Court : 

white, with this reservation that they should " pay and fully account for 
the said duty to Walter of Berkelay, Knight, our present Sheriff of Aber- 
deen, so long as he shall continue to be our Sheriff there." 1 

Some facts in the history of Sir Walter may be noted. His name 
appears as having done homage to Edward I. on March I4th., 1296.2 
He was taken prisoner at Dunbar and ordered (May 16) to Berkham- 
steads to which he seems to have been transported at once, for the 
Sheriff of Bedford and Berks had allowance in connection with his 
maintenance thereon the 3ist of that month.4 In March 1296-7 the 
Sheriff of Bedford and Buckingham had allowance for his maintenance 
at Berkhamstead to Michaelmas, 1296.5 Like many others in the same 
position, he undertook to serve King Edward in France or elsewhere, and 
John, Earl of Athol, and others were securities for him. 6 A glimpse of 
him as having been at Sandwich waiting to cross over to Flanders is 
found in an account (without date) for the expenses of him and a number 
of other Scottish knights and esquires.7 

When next met with he is in Aberdeen sitting in a Justiciary Court 
therein Lent, 1299-1300, in company with Bishop Henry le Chen and a 
number of other local magnates. 8 Apparently Sir Walter had obtained 
some foothold in these Northern parts by this time, for King Edward 
appointed him Sheriff of Banff in 1305.9 It is quite clear, however, that 
he must subsequently have espoused the cause of Robert the Bruce, for, 
besides his grant from the customs of Aberdeen, he had a Charter from 
King Robert of the Thanage of Belhelvy. 10 Sir Walter resigned his 
right to the customs of Ale and Fish to the Burgh of Aberdeen on the 
Monday preceding Christmas day, 1324," and probably the office of 
Sheriff also. 

1325. JOHN DRIMMYNG. 

The name of this personage occurs only once, so far as has been 
ascertained, in books or documents relating to the County, and but for 

1 Abd. Charters pp., 14, 15 

2 Cal. Doc. Scot., II., No. 730, p. 169. 3 Ibid., No. 742, p. 176. 

4 Hist. Doc. Scot., II., p. 51. 5 Cal. Doc. Srot. II., No. 875, p. 230. 
6 Ibid., No. 942, p. 242. 7 Hist. Doc. Scot., II., p. 140. 
8 Keg. Vet. Aberbr., I., p. 165. 9 Scots. Acts I., p. 15. 

10 Robertson's Index Missing Charters, p. 2. 

1 1 Man's Introduction to Scots Affairs, p. xvii. 

402 



Officials : Sheriffs 

the importance of the enquiry at which he presided, and the authorative 
character of the record of it, there might have been hesitation in placing 
him on the list of Sheriffs. 

A dispute had arisen as to the boundaries of Ardlogy, belonging to 
the Abbot and Convent of Aberbrothoc and the King's Park of Fyvie, 
and as to the right of the burgesses of Fyvie in the Peat Moss of Ard- 
logy. A Breive was directed by King Robert I. to Sir Alexander 
Fraser, Chamberlain of Scotland, to hold, by himself or a locum tenens, 
an enquiry into the rights of parties. This enquiry was held on the 
ground in August, 1325, by John Drimmyng, Sheriff of Aberdeen, act- 
ing as locum tenens for the Chamberlain. A large number of persons 
were present either as jurors, or witnesses, or both, and the case was de- 
cided in favour of the Abbot. 1 Comparatively obscure persons were 
sometimes appointed Sheriffs in Iiac parte or pro hoc vice ; but it would 
rather appear that in this instance the Chamberlain selected Drimmyng, 
not as a Sheriff of that kind, but chose him as his substitute, because he 
was Sheriff of the County. 

1328. SIR JOHN BROWN. 

Dominus Johannes Brovn renders accounts in Exchequer in 1328.* 
On the disappearance of the Comyns from Buchan he seems to have suc- 
ceeded them, getting a Charter from King Robert the Bruce of the Thane- 
dom of Fermartine.s 

Of old, this family held the Lands of Midmar. In speaking of the 
small following, which Wallace had from among the landed gentry in 
Aberdeenshire, Mr Watt, in his History of Aberdeen and Banff, writes : 
" Sir Adam Brown, the knight of Midmar, was, however, a supporter of 
Wallace, and fell in the battle of Falkirk."4 According to Dr Temple, 
Sir John was a son of Sir Adam.s There was a quarrel in 1368 between a 
John Broune of Migmar and Robert of Umfraville, when, by Royal 
Command, they were put under penalty of .500 to keep the peace, the 

1 Reg. Vet. Aberbr., I., p. 310 ; alsoWA, A. &> ., I., p. 195, III., p. 545. 

2 Exch. Rolls, I., pp. clxxxi, 197. 

3 Robertson's Index Missing Charters, p. 17 ; also Exch. Rolls, I., pp. 353, 419. 

4 History of Aberdeen aitd Banff , p. 62. 

5 Thanage of Fermartyn, p. 19 ; see also p. 431 infra. 

43 



Aberdeenshire Sheriff Court : 

cautioners for the former being John, Earl of Mar, and Sir Duncan 
Walays, and for the latter, Sir William Keith. 1 

Other notices found of Sir John are these He was one of the wit- 
nesses to a Charter of Confirmation by Donald, Earl of Mar, to the 
Monks of St Mary, of Cupar, I332. 2 

A jury sat on 4th June, 1333 "apud montem hospitalis de Aberden" to 
enquire into the title of Reginald of Rane, who claimed to have heredi- 
tary right to the Lands of Ledintosach and Rotmase with their perti- 
nents. Sir John Brown is first named on the Assize, and also as first 
appending his seal to the verdicts 

It seems as if he had, at one time, held land in Tullynessle, for, in a 
dispute between the Bishop of Aberdeen and the Laird of Forbes about 
1390-1, with regard to a portion of the Lands of Tirepressy, one of the 
arguments for the Bishop was this " Item Ser Jone Broun Knycht, held 
quhilom, the lands of Tirepressy, of the Bischape and the Kirk of Aber- 
dene, and that time he had his shepcotis and schephirdis housis upon the 
landis of Lurgyndaspok as portenances of the landis of Tirepressy .4 

Another argument was that Lurgyndaspok meant Bishop's leg, and 
that, therefore, the land must have belonged to the Bishop. 

1335 & 1343. SIR ROBERT KEITH, 

Marischal of Scotland. 

It is not clear from the Exchequer Rolls at what period Sir Robert 
first became Sheriff, or during what period or periods he held the office, 
but entries in the Rolls prove that he did so at some time prior to 1347.5 
At that time both he and Alexander Fraser of Ewnysedale, who had also 
previously held the office, were deceased, and it was ordained that their 
heirs should be called to account for their intromissions. It has been 
found possible, however, to fix dates approximately from other sources. 

Sir Robert succeeded his grandfather, who was slain at Dupplin in 
August, 1332, and, singularly enough, it is in connection with another 
deed of sale of land at Ledyntosach and Rotmase, 6 granted by 

1 Scots Acts, I., p. 148 ; also Ant. A. & B., II., p. 48 and Note. 

2 Ant. A. & B., II., p. 313. 3 Keg. Episc. AM., I., pp. 53, 54. 

4 Reg. Episc. Abd., II., pp. 248, 9. 5 Exch. Rolls, I., p. 542. 6 Vide Supra. 

404 



Officials: Sheriffs 

Margaret, another daughter of Adame of Rane, to Henry of St Michael, 
that we find Sir Robert's name coupled with the office of Sheriff. As his 
grandfather had done in 1304, so now loth July, 1335 Sir Robert 
appends his seal to the deed, at the special request of the granter, being 
there designed Sheriff of Aberdeen. 1 

Again, as late as March, 1341-2, we find him presiding as Sheriff at 
an inquest regarding the right of the Bishops of Aberdeen to the second 
tenths. 2 

Once more, according to a memorandum in the Exchequer Rolls, an 
account had been rendered by, or on his behalf, at Dundee on nth 
August, 1643.3 

Sir Robert Keith was married to a daughter of Gilbert de la Hay, 
and left two sons, the second of whom, Edward, succeeded him.4 

Like his grandfather, he fell fighting for his country, having been 
among the slain at the Battle of Durham on I7th October, 1346,5 when 
King David II. was taken prisoner by the English. 

1337. SIR JOHN DE BONNEVILLE. 

In this year is recorded in the Exchequer Rolls the account 
" Johannis de Bonauilla, vicecomitis de Aberden." 6 

On 4th February, 1321-2, Sir John had a grant from King Robert 
the Bruce of the Lands of Collistoun and two towns of Ardendracht in 
Buchan.'/ He also appears to have owned lands in Belhelvie, which his 
successor, also John de Bonneville, sold in 1369 to Sir Walter Moigne. 8 

On 1 2th January, 1345, John of Boneville, knight, granted the mill 
of Mundurnach, with a piece of land beside it, sufficient for a house and 
garden, and two acres to the eastward, to his esquire, Alexander Scissor, 
to be held for yearly payment to the church of St. Mary of Aberdeen 
(the Cathedral) of thirteen shillings and four pence sterling.9 

He was witness to a grant by Christiana de Bruyse, Lady of the 
Garuiach, and spouse of the late Sir Andrew of Moray, to the Chapel of 
the Virgin Mary in the Garuyach. 10 Christina Bruce was a sister of 

I Reg. Episc.Abd., I., pp. 62-4. 2 Ibid., I., p. 69. 

3 Exch. Rolls, I., p. 544. 4 Douglas Peer., II., p. 187. 5 Ibid. 

6 Exch. Rolls, I., p. clxxxi. 7 Ant, A. &f B., I., p. 379. 

8 Reg. Mag. Sig. 9 Reg. Epis. Abd., I., p. 75. 10 Ibid., I., p. 67. 

45 



Aberdeenshire Sheriff Court : 

Robert I., and her second husband, Sir Andrew Moray, was twice Re- 
gent of Scotland during the minority of David II., and is said to have 
died in I338. 1 This grant would be made immediately after the deaths, 
and was for the safety of the souls of her brother and husband. 



Circa 1342. ALEXANDER ERASER OF EWNYSEDALE. 

In a grant by William of Melgdrum to the Altar of Saint Lawrence 
and Saint Ninian in St. Nicholas Church, the date of which is given as 
1342, we find "hiis testibus .... Alexandra Fraser, Milite Vice- 
comite de Abirden." This document is printed in the Ant. Abd. & Bff? 
and also more recently in Dr Cooper's Charttilary of Saint Nicholas,* 
Great doubt is, however, thrown upon the correctness of the date, 1342, 
by the noble author of The Frasers of Philorth,* who gives reasons for 
believing the correct date to be thirty years later, namely 1372. These 
reasons, and others which might be adduced, seem conclusive against the 
date 1342, and, therefore, against the theory that Sir Alexander Fraser 
of Philorth was then Sheriff. 

The entry in the Exchequer Rolls,s however, already referred to, 
makes it perfectly plain that this Alexander Fraser, whoever he was, did, 
at some time previous to 1 347, hold the office. The language of the 
passage does not, perhaps, quite bear out Lord Saltoun's statement that 
Sir Robert Keith and Fraser had usurped the office. The word used is 
" intromiserunt," which is not necessarily inconsistent with the bona-fide 
exercise of the place, and it is quite conceivable that, in the troubled 
times between the death of Robert I. and the disappearance of Edward 
Balliol from the scene, there may have been Sheriffs whose claims to 
office would not receive recognition from all parties. A reference to the 
accounts of Adam of Buthirgask (circa 1337), as detailed in the Ex- 
chequer Rolls, and commented on by the late Lyon King at Arms, Mr. 
George Burnett, in his preface, abundantly proves the extraordinary con- 
fusion of the public finances throughout that period. 6 In any case, the 

1 A most interesting genealogical note upon Sir Andrew Moray will be found in Bain's intro- 
duction to Calendar of Documents relating to Scotland, Vol. II., pp. xxix-xxx. 

2 Ant. A. &> B., III., pp. 44-5-6. 3 Vol. II., p. 20. 4 Vol. I., p. 109. 
5 Exch. Rolls, I., p. 542. 6 Ibid,, I., p. cl., et. seq. 

406 



Officials : Sheriffs 

fact remains, although the identification of this individual has not been 
made out. 

The territorial designation " Ewnysedale " has not been found, the 
nearest approach to it being a Eraser of " Ewisdale " in Stirlingshire (at 
one time a centre of the Fraser family) at a somewhat later date. 1 

1347-58. WILLIAM OF MELDRUM. 

This Sheriff was a descendant of Sir William Meldrum, who held 
office in the end of the previous century, but the present editor has not 
been able to determine the precise relationship. The family had evi- 
dently attained to a position of influence and importance. Sir Philip of 
Meldrum rendered accounts as Sheriff of Banff at Dundee on 3ist July, 
1343," and William, the subject of this notice, presented accounts as 
Sheriff of Aberdeen for the period from Martinmas, 1347, to Easter, 1358.3 
In the accounts, already referred to, of Adam of Buthirgask (circa 1337), 
a William of Meldrum is referred to as Justiciary ,4 and one of the same 
name was among the Attorneys for the Burgh of Aberdeen in rendering 
their accounts at Dundee on 22nd May, 1341.5 There does not seem to 
be material for establishing that William of Meldrum, the Justiciary and 
Attorney for Aberdeen, was the William of Meldrum who was after- 
wards Sheriff of Aberdeenshire, but it is quite possible. It is laid down 
in genealogical accounts of the family that the Sheriff of Aberdeen was 
the son of Sir Philip, the Sheriff of Banff, and that he succeeded, on the 
death of the latter at the Battle of Durham, in 1346.6 References to him 
as Sheriff are found in two documents of the period, the first, a Royal 
Charter to him of the Lands of Meldrum on loth October, 13537 and the 
second, a Charter by Thomas, Earl of Mar, to Adam Strachan and 
Margaret, his wife (circa 1357) of a davach of land called Glenkenety 
(Glenkindy), and a fourth part of a davach of Glenboul called Rummor. 8 

1358. SIR WILLIAM DE LEYDELL. 

This Sheriff was apparently the immediate successor of William of 
Meldrum, as he renders accounts in Exchequer beginning from the term 

I Exch. Rolls, III., p. 64. 2 Ibid., I., p. clxxxi. 

3 Ibid, pp. 542, 545. 4 Ibid, p. 436. 5 Ibid, p. 470. 

6 Thanage of Fermartyn, p. 687. 7 Douglas Bar., p. 158. 

8 Ant. A. & ., I., p. 618. 

407 



Aberdeenshire Sheriff Court: 

up to wnich the latter had accounted. 1 He is mentioned in the accounts 
of 1361 as having had his arrears remitted. 2 His name appears as a 
witness (circa 1357) to a Royal Charter of Confirmation of a grant of 
Lands at Courtestown, in Leslie, by Thomas, Earl of Mar, to John Mar, 
Canon of Aberdeen.s where he is described as " Willelmus de Ledale tune 
vicecomes de Aberdene Miles," and in another Charter (1358-9) of the 
Lands of Abbirgedly (Abergeldy), Ballekadlach (Ballohalloch) in Crathie, 
Botwaglach (Bovaglie),Tolachavrych, and Tolyocre in Strathdee, granted 
by Thomas, Earl of Mar, Lord of Cavers and the Garioch, in favour of 
Duncan, the son of Roger,<i where he is similarly designed. 

The authority for believing Sir William to have been a Provost of 
Aberdeen is probably not sufficient, and, accordingly, Mr. A. M. Munro 
has not included him in his list ; but, in a genealogy of the Menzies 
family printed in the Antiquities.s it is stated that Gilbert Menzies, 
eldest son of Sir Robert Menzies of Weyme, Knt, married Marjorie 
Liddell, lawful daughter to Sir William Liddell, Provost of Aberdeen. 
It is, of course, quite possible that the compiler of this genealogy, aware 
that Sir William held an important official position, but not possessing 
sufficiently accurate knowledge, assumed that the office was that of 
Provost, while it was really that of Sheriff. 

He was possessed of ground in the immediate neighbourhood of 
Aberdeen, if not within the Burgh, for, in two conveyances of crofts 
within the territories of the crofts at the end of the Gallowgate on the 
west of the King's highway from Aberdeen to the Burgh of Kyntor, 
Sir William is mentioned as the proprietor of ground to the north of 
them. 6 

1364. SIR WALTER MOIGNE. 

An account was rendered to Exchequer on 8th December, 1364, for 
three terms by this Sheriff.7 It appears from the accounts of William de 
Keith, Sheriff of Kincardine, rendered on 5th April, 1359, that at that 
period Moigne had a grant of the Forest of Drum from the King, 8 which 
was afterwards (1389) acquired by an ancestor of the Irvines from John 
Moigne, a successor of Sir Walter.9 In 1361-2 he was Steward of the 

I Exch. Rolls, I., pp. 151-2. 2 Ibid., II., p. 83. 3 Ant. A. & B., I., p. 549. 
4 Ibid., IV., p. 715. 5 Ibid., III., pp. 286-8. 6 Reg. Episc. Abd., I., pp. 103-6. 
7 Exch. Rolls, I., p. clxxxii. 8 Ibid., p. 586. 9 Reg. Mag. Sig. 

408 



Officials: Sheriffs 

King's house. 1 In the latter year, when he appears to have been 
knighted, he received 20 for distribution among the King's familiars. 2 
For some years previous to 1364, Sir Walter seems to have been 
custodier for King David II. of the Castle of Kildrummy, which the 
King had then taken from the Earl of Mar. 3 

Wynton refers to this incident in the following terms : 

" That ilke yere the Kyng Davy 
The castel assegit of Kyldrumy, 
For the Erl off Mar, Thomas, 
Past out off the kynrike wes, 
That castel deliverit wes to the Kyng. 
Off it he gave than the keping 
Till Waltere Monethe a knycht, 
That wes bath manly, wys, and wycht. 
And tyl hald Ingrame of VVintoun, 
A manly sqwyere off renoun. 
Bot quhen the Erie off Mar, Thomas, 
Agane in Scotland cummyn was, 
The Kyng gert that castel fre 
Til hym than deliverit be, 
Wyth al the law of his land, 
This Erie gat in his awyn hand."4 

On 4th September, 1361, he was one of the witnesses to a grant by 
David II. to the blessed Virgin Mary at Aberdeen and the Bishop and 
Chapter of Aberdeen.s He was also (presumably in 1364) witness to a 
grant by Hugh Ross of Philorth, with consent of his brother, William, 
Earl of Ross, to Adam Pingle, burgess of Aberdeen, of the lands of 
Folethrowle, where he is designed Sheriff of Aberdeen. 6 

As late as October, 1378, we find Sir Walter at the Manor place of 
the Forest of Kyntor, acting as a witness to a pious foundation by 
William de Keith, Marischal of Scotland, Lord of the Barony of Alden, 
to be paid out of his lands of Achidonald in that barony7 

I Exch. Rolls, II., pp. 49-58-82. 2 Ibid., p. 112. 

3 Ibid., p. 116 ; also Fordun Lib., xiv., cap. 24. 

4 Book viii., Cap. xlvi., Laing's Ed. 5 Reg. Episc. Abd., I. p. 90. 
6 Ibid., p. 107. 7 Ibid., p. 121. 

FFF 409 



Aberdeenshire Sheriff Court : 

1369-99. SIR ALEXANDER FRASER OF PHILORTH. 

In the Exchequer Rolls of 1369 he is called Alexander Fraser, 1 
while a year or two later (1371-1373) he appears as Sir Alexander 
Fraser. 2 This consists with the statement in the Frasers of PliilortJi 3 
that he was not knighted until after 1369. His accounts in 1369 were 
rendered by Philip of Drumbrek, and in 1373 by John of Forbes. 

The dispute between the Bishops of Aberdeen and the Lords of 
Forbes concerning the piece of land yclept Lurgyndaspok (bishop's leg) 
which has been already referred to, had, to all appearance, been settled 
in 1387. The differences had been referred by Bishop Adam of 
Tynninghame and Sir John of Forbes to amicable compositors, of whom 
the first named is Sir Alexander Fraser, knight of Philorth, Sheriff of 
Aberdeen. Among the others were John Keith of Inverugy, Thomas 
Fraser of Corneton, and John Fraser of Forglen. The agreement 
(concordia) is dated 2Oth August, 1387.4 Bishop Adam of Tynninghame 
died in 1389, and then the strife broke out again between the new Bishop 
Gilbert and the Laird of Forbes, but was settled for their lives by an 
agreement come to at Aberdeen on 5th July, 1391,5 probably as the re- 
sult of a cognition conducted by Sir John of Gordon, who had been 
specially appointed, by Royal Authority, as justiciary depute for the 
purpose, on 6th April preceding. 6 

Sir Alexander had grants of the Lands of Durris and Cowie in 
Kincardineshire about 1369, and of Philorth in 1375.7 

He had already, in the last named year, married Johanna, second 
daughter of William, Earl of Ross. 8 

He renders accounts in Exchequer again on 1 8th March, 1391-92,9 
and he sat in Court in Aberdeen on 2nd April, 1397 granting a re- 
mission to certain parties charged with murder inasmuch as the man 
they killed was " Fugitivus a lege et ad cornu Regis." 10 

It is stated in the history of the family that he continued to hold 
office until his death, or, at all events, until 1399. 

I Exch. Rolls, II., p. 333. 2 Ibid., pp. 364, 426. 3 Frasers of Philorth, Vol. I., p. 109. 
4 Reg. Episc. Abd., I., p. 176. 5 Ibid., I., p. 188. 6 Ibid., p. 187. 
7 Frasers of Philorth, Vol. I., pp. 107, 113. 8 7foV/.,p. no. 9 Exch. Rolls, III., p. 266. 
10 Ant. A. & B. IV., p. 85. Original in Charter Room at Philorth. 

410 



Officials : Sheriffs 

1381. PATRICK OF CRAWFORD. 

This baron, as Sheriff of Aberdeen, rendered accounts to Exchequer 
at Perth on I2th January, 1381.' Previous to this, in 1373, he seems to 
have been Collector for the Barony of Fedre (Fedderat). 2 

In the following year he is designed Sheriff of Banff, in documents 
relating to the Lands of Clyntre and Drumoak.3 

His name is frequently found as a witness to deeds of this period, 
and he was, doubtless, the Lord of Fedderat. 

1382. JOHN FRASER OF FORGLEN. 

The author of the Frasers of Philorth leans to the view that John 
Fraser of Forglen, who was a younger brother of Sir Alexander Fraser, 
acted merely as depute under him. In face of the distinct references to 
him, as Sheriff, without any such qualification, it is impossible to leave 
him out of the list of Sheriffs. 

In a Court held by Bishop Adam of Tynninghame " super monte 
sancti Thome Martiris juxta canoniam de Aberdon," on 3ist July, 
1382, for exhibition of the Charters of the tenants of the Church, and 
specially to consider the claims of Reginald de Chyne in the Lands of 
Clyntre (Clinterty), and of Alexander Irvyne in the Lands of Dulmayok 
(Drumoak), there was present among the laymen, " Nobilis vir Johannes 
Fraser, Vicecomes de Aberden." Among others present were Patrick of 
Crawford, Sheriff of Banff; and Adam Forster, Sheriff of the Lothians. 
The latter was Laird of Corstorphine, a prominent man in his day, and 
afterwards Sir Adam Forster.* 

The Bishop of Aberdeen's claim to the second tenths, seemed to be 
a fruitful source of disputes between him and the barons at this time, and 
so we find that he and John Fraser were not agreeing about what was 
payable from the ward of the lands of the Lord of Meldrum. The matter 
was referred to the Deacon of Aberdeen and Adam Forster on the 
Bishop's part, and Sir John of Gordon and Mr John Scalpy on Fraser's 

1 Exch. Rolls, I., p. clxxxii. and Reg. Episc. Add,, I., p. 160. 

2 Ibid., II., p. 426. 3 Reg. Episc. Abd., I., pp. 142-3. 4 Ibid. 

411 



Aberdeenshire Sheriff Court: 

part, with Alexander Scrymechur of Aberbrothoc as oversman or odd- 
man. Afterwards, in the absence of Forster and Gordon, Mr. Gilbert of 
Greenlaw and Sir Alexander of Straton were chosen. The submission 
was entered into in the Choir of the Parish Church of Aberdeen in the 
end of May, 1386, and decree pronounced in the Bishop's favour in the 
vestry of the Parish Church of Aberdeen on ist July thereafter. 1 

In 1388, John Frascr acquired from John de Bonneville his lands in 
Belhelvie, and also Ardendracht. 2 On 3ist March, 1388-9 he was a 
witness to an Indenture for the sale of the Park of Drum by John Moigne 
to Alexander of Irwyne.3 On 4th February, 1403-4, he was one of the 
witnesses to a Notarial Instrument, relating to the settlement of a dispute 
about the ownership of Fyvie Castle between Lady Margaret de Lindesay, 
widow of Sir Thomas Coluill, son and heir of Sir Robert Coluill of Oxen- 
hame, and Sir Henry Preston, Lord of Fermartin, who was the husband 
of Lady Elizabeth de Lindesay. These ladies were the daughters of Sir 
James of Lindesay. It was found that Coluill and Lady Margaret had 
sold their right to Preston for 100 sterling in 1397, and that the Castle 
now belonged to him. Lord William of Keith was the Arbitrator. 4 

In 1388, John Fraser had a Charter of the Lands of Forglen with 
the patronage of the Church from the Abbot and Convent of Aber- 
brothoc, as descended from Sir John of Monymusk, knight, and on nth 
December, 141 1, he resigns these lands in the hands of Walter, Abbot of 
Aberbrothoc, as his lawful superiors 

Circa, 1400-8. DAVID, ist EARL OF CRAWFORD. 

There is no certainty as to the date of the grant of the Sheriffship to 
the head of the Lindsays, but it may be reasonably assumed that it was 
about this time. 6 Sir James Lindsay of Crawford, whose wife, Margaret 
Keith, was a daughter of Sir William Keith, Marischal of Scotland, and 
heiress of Fyvie, died in 1397 without male issue, his daughters succeed- 
ing to Fyvie and other unentailed properties, while Sir David Lindsay of 

I Keg. Episc. Abd., I., pp. 171, 3, 6. 2 Ant. A. &r" B., I., pp. 289, 379. 
3 Ibid., III., p. 295. 4 Ibid., I., pp. 501-2. 5 Keg. Niqritm Aberb., pp. 37, 48. 
6 Lives of the Lindsays and authorities there cited, from which most of the statements in 
this and the other notices of the Lindsay family have been taken. 

412 



Officials : Sheriffs 

Glenesk, his cousin, fell heir to the Chieftainship of the family, and to the 
entailed lands. A halo of romance surrounds the memory of Sir David 
Lindsay. He fought at Otterburn (1388), and was the hero of the 
famous knightly joust with Lord WeUs on London Bridge, which is 
celebrated in Scottish minstrelsy, and with which readers of Sir Thomas 
Dick Lauder's Wolf of Badenoch must be familiar. In 1398, Sir 
David was created Earl of Crawford, which is now first on the Roll of 
the Earls of Scotland. 

Robert III., the second of the Stewart dynasty, ascended the Scottish 
throne in 1390, and some years after that event, Sir David Lindsay 
married the Princess Elizabeth Stewart, daughter of Robert II., and 
sister of Robert III. The first Earl of Crawford was much absent from 
the Kingdom on public affairs between 1400 and 1406, having been, for 
about two years previous to the end of 1404 in France in command of a 
fleet, which cleared the French seas and Bay of Biscay from English 
cruisers, and after that as an Ambassador to the English Court. The 
Earl drew an annuity of 80 per annum from the fermes of Aberdeen, 
and also an annuity from the Customs of Aberdeen. This notable man, 
the first, as is believed, of the heritable Sheriffs of Aberdecnshire, died in 
February, 1407-8, at the early age of forty-one. 

Circa 1421-39. ALEXANDER, 2nd EARL OF CRAWFORD. 

The date of this Earl's birth is not known, but the impression of 
those acquainted with the family history is that, when he was a hostage 
in England for the Earl of Douglas (1406-7) he must have been 
approaching manhood. No evidence has been found of his personally 
acting as Sheriff of Aberdeenshire, but there is no doubt of the fact that 
he possessed the office. In an entail executed by him in 1421, the 
Sheriffship is included, and by a contract between the Earl and Sir 
Alexander of Forbes (3 1st May, 1432), he appointed the latter, for a 
pecuniary consideration, his depute for life, reserving the right to himself 
and his son, Sir David Lindsay, to exercise the office when actually 
within the Sheriffdom. The record of his various and important services 
to his King and country, both at home and abroad, will be found in the 
family history and public historical documents of the period. 

His death took place in 1438-9. 



Aberdeenshire Sheriff Court : 

1417-23. SIR WALTER LINDSAY OF KINNEFF. 

At this time the second Earl of Crawford was either a minor, or 
absent from the Kingdom, and, in either case, although in heritable right 
of the office, unable to exercise it. This is the most probable explana- 
tion of the fact that at this time Robert, Duke of Albany, Governor of 
Scotland, addressed a mandate to Sir Walter, as Sheriff of Aberdeen, 
directing him to summon the barons to try a brieve of perambulation 
between the Lands of " Tarvvas and Uldnay." 1 

There had been a dispute of very long standing between the Abbots 
and Convent of Aberbrothoc and the Laird of Udny about their 
boundaries, which was submitted to an assize at Aberdeen on 22nd 
November, 1417. Sir Alexander of Forbes presided as Justiciary, 
specially constituted, and among the barons who passed upon the jury 
were Alexander de Irwyne, Lord of the Forest of Drum and John de 
Ogyston, dominus ejusdem, both of whom, along with Sir Alexander 
Forbes and the other Jurors, appended their seals to the verdict. 

On 24th October, 1423, Sir Walter de Lyndesay, Sheriff of Aber- 
deen, granted a Letter of Resignation of the lands of Cuclerochy and 
Garry in favour of Alexander Stewart, Earl of Mar. 2 

1438(9) 1445(6). DAVID, 3rd EARL OF CRAWFORD. 

He succeeded his father, Alexander, the 2nd Earl, but only two 
items of interest relating to his Northern Sheriffship or to Aberdeen 
have been found. One of them is the following letter to his depute, 
"Schir Alexander of Forbas," dated i8th April, 1443, which, although 
already printed, may fittingly be reproduced here as illustrative of the 
relations which existed between an heritable Sheriff and his depute at 
the period : 

" David Erie of Craufurde and Lorde the Lyndissay to Schir 
Alexander of Forbas, of that Ilk, knycht, oure deput of the shereffdome 
of Abirdene, greeting. Forquhy that we ar infourmyt that oure soueren 
lorde the kyng, with the avise of his counsail, has chargit yhou, as 
deput of the said sheriffdome, to ger restore agayne to oure cousin and 

I Reg. Nigrum Aberbr., p. 49. 2 Ant. A. & B., IV., p. 183. 

414 



Officials : Sheriffs 

alye, Dauid Scrymgeoure, al his gudis that he was spolyheit of, as ye 
knaw ; and als the gudis that Alexander Stewart tuke out of the landis 
of Pettfoure his maling noghtagaynstanding, as we are infourmyt, yhe 
haf done litle or nought to oure said soueren Lord's chargis, of the 
quhilk we ferly mikle, gyf it sa be, considerand the office that yhe 
here : Quharefor we charge yhou in oure saide soueren lorde the 
Kingis name, that, noghtvvythstanding the delay bigane, yhe fulfil and 
serue oure saide soueren lordis lettres in al fourme and effect as thai 
proport in thaimself, langing [longing for ? ] oure said alyis guds 
to be restoryt, and vtheris things contenit in thaim, as yhe will answere 
to hym and his counsail thareupon, for we have new charges thereupon 
of late. And forther we declare to yhou, that sin oure said cousin and 
alye has na wyte of the gret hereship [foray] made be the Lorde 
of Gordone vpon yhou and yhoure frendis, as we are . . . sekirly 
informyt, we desire and wald that his saide gudis war restoryt agayn, 
sa that it nedyt us not to entromet tharcwith, sin he and yhoure 
frendis ar bath so nere to us. Gevin under oure seele at Dunde, the 
viii ten day of Aprile, the yhere of God j m iiii c and xl t! Hi." 

Two burgesses were admitted by request of the Earl in 1442-4. 

His death took place at Finhaven on I3th January, 1445-6, in 
consequence of wounds received by him when attempting to stop a fight 
between the Lindsays and Ogilvies at Arbroath a few days previously. 

1445(6) 1453. ALEXANDER, 4th EARL OF CRAWFORD. 

This Earl was known as the " Tiger Earl " and " Earl Beardie." He 
was ambassador to England in 1451. He took a leading part in con- 
spiring against the Crown, and after the assassination of the Earl of 
Douglas in Stirling Castle in February, 1451-2, rose in rebellion. 
Alexander, ist Earl of Huntly, who had been appointed Lieutenant- 
General of the Kingdom in place of Douglas, raised an army for the King, 
and encountered and defeated Crawford and his followers at the Battle 
of Brechin on i8th May, 1452. The latter, however, continued ravaging 
the lands of the King's supporters, and was denounced as a rebel, and 
his lands, titles, and offices among the latter the Sheriffship of Aber- 
deen forfeited. After being deserted by the other rebellious Earls, he 



Aberdeenshire Sheriff Court : 

submitted to the King in April, 1453, and was pardoned and restored to 
all his lands and honours. He did not long survive, his death taking 
place in September of that year. 

It is stated 1 that in 1606 a public record was extant, from which it 
appears that " in the Court of Aberdeen Domini Alexandri Lindsay, 
comitis de Crawford, Vicecomitis de Aberdeen, et Alexandri, domini 
Forbes, sui Deputati militis," a precept written in English dated I2th 
July, 1447, was directed by King James II. to the Lords of Exchequer, 
directing them to remit to Lord Forbes the arrears in his last accounts. 
The Earl also presided at a Court in Aberdeen on 6th October, 1450, 
when Henry Cheyn took Instruments that a protest made against his 
entering a suitor for the Lands of Essilmund was of no force. Among 
the witnesses were Sir John Forbes, Knight ; Walter Lindesay, brother 
of the Earl ; Walter de Ogilvy, Sheriff of Angus ; Alexander Douglas, 
and Gilbert Menzies, burgesses of Aberdeen. 2 

1452-3. ALEXANDER, ist EARL OF HUNTLY 

During the few months of the forfeiture of the " Tiger " Earl of 
Crawford, the office of Sheriff of Aberdeen seems to have been conferred 
upon Alexander, first Earl of Huntly, and, although his tenure was of a 
very temporary character, it is fitting that he should find a place here. 

1457. WALTER LINDSAY OF KINBLATHMONT OR 

KlLBRACHMONT, SHERIFF TUTORIAL. 

Walter Lindsay was the uncle of David, 5th Earl of Crawford, and, 
while his nephew was under age, he acted " nomine tutoris magnifici 
domini David Earl of Craufurde." In the famous dispute about the 
Earldom of Mar, Robert, Lord Erskine, had obtained a verdict in his 
favour as heir from an Aberdeen Assize. King James II. was 
determined to upset this verdict and obtain the succession for the Crown. 
And so a Court of Justice Ayre was held in Aberdeen in this year, in 
which the former verdict was challenged as being erroneous. King 
James was present, and was surrounded by a great number of prelates 

I Misc. Maitland Club, I., p. 379. 2 Ant. A. & B., III., pp. 7, 8. 

416 



Officials: Sheriffs 

and nobles ; but Lindsay, as acting for his nephew, the heritable Sheriff, 
presided. As might have been expected, the new jury and the witnesses 
(some of the latter are said to have been privately interviewed by the 
King) were amendable to the Royal desires, and returned a verdict 
directly in the teeth of the former. 1 

In proceedings of a much later date, in the Supreme Court, for the 
reduction of a series of Charters of the Earldom of Mar, Walter Lindsay 
is described as " Schireff of the Schireffdom of Abirdein for the tyme in 
name of umquhill David Earle of Craufurde and his tutouris Schireff 
principall of the Schirreffdome of Abirdene." 2 This designation is noted, 
because the term " Sheriff principal " is, for the first time, so far as has 
been observed, used in describing the Sheriff. 

A Walter Lindesay was admitted a burgess of Aberdeen in 1442-3 
at the request of Ingelram, the Bishop of Aberdeen, the cautioner being 
Duncan de Clat.s 

The following quotation from the Lives of the Lindsays regard- 
ing Walter Lindsay may suitably be given here : " Lord of Beaufort and 
the Aird, in Inverness-shire, and of Glenesk, Feme, Edzell, Kinblythe- 
mont, and Panbride in Angus, Walter was a powerful baron, of great 
talent and unscrupulous ambition." 

1461-95. DAVID, sth EARL OF CRAWFORD AND 

DUKE OF MONTROSE. 

When Earl " Beardie" died in 1453, his son, David, was in minority, 
having been born in 1440, and the office of Sheriff was exercised, as we 
have seen, by his uncle, Sir Walter Lindesay of Kinblythemont or 
Kinblathmont in Angus, his tutor, in his name. At a later period we 
find Alexander Douglas, John of Ogstoune, and Alexander Irvine of 
Drum acting successively as his deputes. This Chief of the Lindsays 
fills a large space in the history of Scotland, and the larger affairs of the 
Kingdom would doubtless prevent his personally attending to the duties 
of the Sheriffship of Aberdeen, and no trace of his doing so has been 
found. It must, however, be noted in this connection that in 1474 his 
son, Alexander, Master of Crawford, had a grant, upon his father's resig- 
nation, of the lands and barony of Tulenahilt, Tulebrok, and Newpark in 
i Ant. A. &" ., IV., pp. 205-13 2 Ibid., p. 257. 3 Misc. New Spalding Club. 

GGG 417 



Aberdeenshire Sheriff Court : 

Aberdeenshire, together with the office of Sheriff, but reserving the Earl's 
liferent Among his other offices he was appointed High Admiral of 
Scotland in 1476, Master of the Household in 1480, Chamberlain about 
1483, Joint High Justiciary of the North in 1487. On 1 8th May, 1488, 
he was created Duke of Montrose. He was an attached supporter of 
James III., sharing in his defeat at Stirling or Sauchieburn in 1488, and 
suffering deprivation of his public offices and Dukedom in consequence. 
He died in 1495, his latter years saddened by a domestic tragedy, his 
eldest son, Alexander, having met his death, as it was believed, at the 
hands of his younger brother, John, afterwards 6th Earl of Crawford. 

1474-89. ALEXANDER, MASTER OF CRAWFORD. 

The Master of Crawford's title to the office of Sheriff is set forth in 
the preceding article, and there is evidence of his having exercised it by 
appointing Sir Alexander Gordon of Midmar a Sheriff-depute, as after- 
wards more fully noticed. His death took place in the autumn of 1489, 
grave suspicion in connection with that event attaching to his younger 
brother, John, afterwards 6th Earl of Crawford. 

1495-1511. JOHN, 6th EARL OF CRAWFORD. 

It is this Sheriff whom we find exercising the office, when the 
earliest existing Diet Book begins. Before that date (July, 1503) he 
accounts to Exchequer, but in October, 1503, he sits in the Michaelmas 
Head Court in Aberdeen, at which a large amount of business was 
transacted. On two other occasions the Yule Head Court in January, 
1506-7, and the Michaelmas Head Court in 1508 he is mentioned in 
the Diet Books as presiding. At the first of these Courts, Alexander, 
3rd Earl of Huntlie, was served heir to his father, George, 2nd Earl, in 
the Lands of Collerlys ; Elizabeth and Janet Ogistoune were served 
heirs portioners to their father, Walter Ogistoune, in the Lands and 
Barony of Polgovny and Lands of Schethin, Ravystone, and Craigy. 

At the Court in October, 1 508, one of the cases was an action by 
" ane nobile ande michtie Lord Williame Erie of Errole Lord Hay," &c., 
&c., against " Johnne Forbes of Petsligo " for the violent occupation of the 
" Manys of Petsligo " to which the Earl had right during the lifetime of 

418 



Officials: Sheriffs 

Isabele Wemis, lady of the terce of said lands, who had assigned her 
liferent to him. On the same day Gilbert Menzeis was served heir to his 
father David Menzeis, in the Lands of Mid Pitfodels, and Katherine 
Wricht the widow of David was served to her terce of these lands." 

Earl John would seem to have still had at this period some of the 
family's former territorial connection with the County of Aberdeen. 
Evidence of this is afforded by certain proceedings in the Sheriff Court 
of Aberdeen on 3Oth September, 1505.' The family of Annand, who 
appear in Aberdeenshire at least as early as 1 368, were in possession of 
Auchterellon in the middle of the I5th century ; but when Alexander 
Annand, for whom William Master of Erroll appeared, presented a breive 
from Chancery for service as heir of his father, Henry Annand, Mr. 
Henry Lindesay, procurator for the Earl of Crawford, opposed it, pro- 
ducing a letter of recognition of the lands under the seal of the Earl. 
His action seems to have stopped the proceedings for the time, and the 
Master of Erroll protested for remeid of law before witnesses, among 
whom were Sir Alexander Irvine of Drum, Sir William Eraser of 
Phillorth, Sir Gilbert Hay of Ardendracht, and Sir John Rutherford. 
No record of the service of Alexander Annand has been found, but his 
name frequently appears subsequently as Alexander Annand of Auchter- 
ellon, and his mother was served to her terce in January, I5OS-6. 2 On 
the other hand, there was a grant under the great seal of these and 
other lands, of new constituted into a Barony, in favour of the Earl 
of Crawford on 3<Dth July, 1507.3 What would seem to have happened 
was that one of the Crawford family had alienated the lands without 
resignation or Royal charter of confirmation, and that the proceedings 
alluded to were for the purpose of putting the title in order. 

The Earls of Crawford were also at this time superiors of the lands 
of Tillybirloch, Tillinhilt, Bandodle, with the Comers and Auchorie in 
the parish of Midmar, which were conveyed by David Strachan to 
Alexander Skene of Skene on i6th April, 1504, and confirmed by John, 
Earl of Crawford, on the following day ,4 while there is a grant of these 
lands by Alexander, /th Earl of Crawford, to Alexander Skene, son 
of above, dated at Brechin, 8th May, 1514.5 

1 Ant. A. & B., Vol. III., p. 42, and Register of Sasines, Burgh ofAbd., Vol. II., M.S. 

2 Supra, p. 17. 3 Reg. Mag. Sig. 4 Ant. A. & B., II., pp. 44-5. 
S Ibid., p. 45. 

419 



Aberdeenshire Sheriff Court i 

Perhaps, however, the most interesting feature of John, Earl of 
Crawford's connection with the County of Aberdeen was his dealing 
with the offices of Sheriff and Sheriff-depute. He was a spend-thrift, 
and so we find him borrowing from William Hay, Master of Erroll 
(6th February, 1502-3,) 440 marks. In exchange, the Master was to be 
infeft in 22 marks worth of land in Angus or Mearns, and to receive a 
valid appointment to the office of Sheriff-depute of Aberdeen. 1 Seven 
years later (7th January, 1509-10) another loan of 600 marks resulted in 
an obligation by the Sheriff to grant a procuratory of resignation of the 
Sheriffship in favour of the same lender, William Hay, now Earl of 
Erroll, but with power of redemption the office of Sheriff-depute, how- 
ever, being reserved to the Earl of Erroll for his lifetime. Both the con- 
tract and the right to redeem received Royal approval, and on loth 
February, 1510-11, there was a grant to the Earl of Erroll under the 
great seal. 2 One feature of the transaction was that the outgoing 
assigned to the incoming Sheriff a sum of 1600 marks due to him by 
Alexander Bannerman of Watertown, the working Sheriff-depute at that 
period. This sum would probably be the amount of fees which, accord- 
ing to the Sheriffs estimate, Bannerman had failed to account for. Still 
another borrowing remains to be noticed. In November, 1512, the Earl 
of Crawford binds himself not to exercise his power of redemption during 
the lifetimes of the Earl of Erroll and his son William, and the sum to be 
paid on redemption is increased from 600 to 700 marks. 

Perhaps the following passage from the pen of the noble Author of 
the Lives of the Lindsays may be quoted by way of a short 'summary 
of the life and character of this Sheriff: 

" John, Master of Crawford, had, in the meanwhile, succeeded to the 
Earldom of Crawford, but did not assume the Dukedom of Montrose. 
His career was not a happy one his extravagance was great ; he 
alienated lands held in capite of the Crown, and thus fell into bad odour 
with the Sovereign ; he was induced to resign the hereditary Sheriffdom 
of Aberdeenshire, which was not regained for many years after his 
death ; the charge of fratricide hung over his head through life, and his 
children all died in infancy. But rays of light are seldom wholly absent 

I Erroll Charier Chest. 2 Reg. Mag. Sig. 
420 



Officials: Sheriffs 

from the moral landscape, and I may cite his appointment in 1503, con- 
jointly with Huntley, Argyle, Marischal, and Lord Lovat, to the Govern- 
ment of Scotland from Tay to Shetland ; his foundation, in 1 506, of a 
daily mass and requiem at the great Altar of the Franciscans of Dundee, 
for the souls of his father, his elder brother, his wife, and himself, to- 
gether with daily special absolution at the 'epitaphium ' or Cenotaph of 
the Earls of Crawford, in the said Church of the Franciscans and 
finally, his death at Flodden in 1513 as redeeming features in his 
history." 

1511-1513. WILLIAM, 4th EARL OF ERROLL. 

On two occasions before the transference of the office of Sheriff was 
carried out, as detailed in the foregoing notice of John, Earl of Crawford, 
and in corroboration of it, we find the Earl of Erroll sitting on the bench 
of the Sheriff Court under the designation of Sheriff-depute 9th April, 
1510,' and 7th January, 1510-11 while on I3th March, 1510-11,* and on 
29th April, 1511, he presided as Vicecomes or Sheriff. On the earlier 
two occasions he sat along with Alexander Bannerman of V/aterton, who 
had been Sheriff-depute for a considerable period ; but on the third 
occasion he of new grants Commissions to Bannerman, and also to 
Gilbert Menzeis (of Findon) Provost of Aberdeen, as his Deputes. 
During the remainder of 1511 he occupied the bench on several 
occasions, both alone and along with the Deputes. 

In this Sheriff's time, disputes arose between him and the Provost 
and Baillies of Aberdeen regarding their respective jurisdictions in 
criminal cases arising within the Burgh (" the punysing of trubbil 
and blude that happinit among nychtbours of the said burgh"). The 
differences were referred to the Lords of Council as Arbiters, whose 
Decree Arbitral was pronounced on 24th, and confirmed by James IV. 
on 28th January, 1511-12.3 The decision amounted to this, that 
burgesses were to be tried by the Magistrates, and those who were not 
burgesses by the Sheriff. 

The 4th Earl is said to have married Elizabeth, youngest daughter 
of William, ist Lord Ruthven, and a grand-daughter of John, 2nd Lord 

I Supra, p. 38. 2 Supra, p. 42. 3 Abd. Charters, p. 41. 
421 



Aberdeenshire Sheriff Court : 

Forbes. By her he had a son William, who succeeded him, and a 
daughter. 

Like his immediate predecessor, he fell at Flodden. As an old 
record has it " Interfectus fuitcum Domino Rege Jacobo IV ad bellum 
de Flowden Anno Domini MDXIII. Sepultus in Et cum eo 

LXXXXVII. de eodem cognomine. 1 

1513-22. WILLIAM, 5th EARL OF ERROLL. 

Flodden Field was fought in September, 1513, and on 2/th October 
of that year we find in the Exchequer Rolls the following entry : 

" Gilbertus Menezeis de Petfodellis et Johannes Mar, 2 burgenses de 
Burgi de Aberdene ut vicecomites in hac parte respondebunt pro duobus 
paribus calcarium deauratorum per duplicationem albe firme terrarum 
baronie de Slanys cum officiis constabularie Scotie et vicecomitatus de 
Aberdene et pro 4 lib de relevis terrarum de Rettray, regi debitis per 
sasinam datam Wilelmo Hay de eisdem.s" 

From this it will be seen that, in terms of the bargain already 
described, the 5th Earl succeeded his father as heritable Sheriff. To 
what extent he acted we cannot tell, as the Court books for the period 
are wanting, but among the documents at Slains Castle relating to the 
Sheriffship, there is a Discharge by James V. to the Earl of his intro- 
missions as Sheriff, dated i/th July, 1518. He was admitted a burgess 
of Aberdeen (ex gratia) on January 7th, 1520.14 

According to the old record already referred to, he appears to have 
been about 18 years of age when he succeeded, and the leading 
authorities agree in stating that he married, before 1520, Helen, 3rd 
daughter of John (Stewart) 3rd Earl of Lennox, by whom he had a son, 
William, and a daughter, Jean. 

Douglas, and others following him, conclude that he was alive in 
1530. Opposed to this, however, is the following entry from the burial 
record : 

1 Misc. Spalding Club, Vol. II., p. 348. 

2 Menzeis and Mar were Sheriffs-depute under the 4th Earl of Erroll. Supra, pp. 111-12. 

3 Exch. Rolls, XIV., p. 510. 

4 Misc. New Spalding Club. 

422 



Officials : Sheriffs 

" Item, xxviii . die mensis Julii . Anno Domini . M.D. XXII. Obiit 
Gulielmus Hay de Errol Comes Vicecomes de Aberdein Constabu- 
larius Scotie . Apud Edinburgh . et sepultus apud Cuprum . Etatis sue 
xxvii ." 

Corroboration of his death in 1522 is also found in the extracts 
from the Exchequer Rolls quoted in the following notice of his son, and 
in an entry in the Register of the Privy Seal, which will be afterwards 
alluded to. 

1522-41. WILLIAM, 6th EARL OF ERROLL. 

While it is perfectly clear, from entries in the Exchequer Rolls, that 
the heritable offices passed, in 1522, to William Hay, 1 the only son of 
the 5th Earl, it is equally plain that he could not have been more than an 
infant at the time of his father's death. 

The public records, indeed, prove that he did not exercise the office, 
but that it was in ward until it passed to the Earl of Huntly in 1540-1, 
or until nearly that time. 

In the Charter Chest at Slains Castle there is a Dispensation by 
King James V., dated 22nd April, 1538, allowing William, Earl of 
Erroll, to be served heir, before the Sheriff of Aberdeen, to the Con- 
stabulary of Scotland, the SherifFship of Aberdeen, and patronage of the 
Church of Turiff, notwithstanding his being in minority, but without 
prejudice to the ward. 

No evidence of his actual service has been found, but after this the 
young Earl seems to have been thought to be in a position to deal with 
the office, for among other documents at Slains is the extract of a con- 
tract dated i6th, and registered i8th December, 1540, whereby the Earl 
of Erroll agrees to the redemption of the office upon payment of 600 
marks, and, further, consents to the infeftment of George, Earl of Huntly, 
therein. 3 Some delay appears to have taken place on the part of Lord 
Huntly in finding the money, as a charge against him for performance 
seems to have been used. On 2Oth January, 1540-1, the Earl of Huntly 
promised the King not to redeem the office without his consent.3 On 
5th March, however, he got a grant of the office, but apparently without 

I Exch. Rolls, Vol. XV., pp. 602 and 609. 2 Erroll Charter Chest. 3 Ibid. 

423 



Aberdeenshire Sheriff Court : 

having fulfilled his obligations to the young Earl of Enroll, who died on 
nth April following. Two years later the Earl of Erroll's claim, under 
the Contract against Lord Huntly, was transferred by Decree of the 
Lords of Council to Jean Hay, daughter of the 5th, and sister to the 6th 
Earl.' 

1522. ALEXANDER, 3rd EARL OF HUNTLY, 

SHERIFF WARDATOR. 

It appears from an entry in the Register of the Privy Seal, 3Oth 
January, 1531-2, that on the death of the 5th Earl of Erroll, a gift of the 
ward of the office of the Sheriffship was granted to Alexander, 3rd Earl 
of Huntly, and his Assignees. 2 

The Earl can hardly have exercised the office, for, while the death 
of the 5th Earl of Erroll took place on 28th July, 1522, the entry of 
Ogilvy of that Ilk, to whom the Earl of Huntly had assigned it,3 was on 
3rd September following.4 

1522-32. ALEXANDER OGILVY DE EODEM 

SHERIFF WARDATOR. 

The only mention of this Sheriff which has been found, beyond 
what has already been noted, is on I2th February, 1528, when sasine 
was given to Alexander Irwin at Drum on Royal precept, and on the 
precept " honorabilis viri Alexandri de Ogilvy de eodem vicecomitis 
principalis de Aberdene."S 

On January 3Oth, 1531-2, Ogilvy resigned the office in the King's 
hands " be staff and bastoun " in favour of James, Earl of Moray, but 
with regress to the office, should the Earl die before the expiry of the 
ward. That event, however, did not occur. 6 

1532-1541. JAMES, EARL OF MORAY, 

SHERIFF WARDATOR. 

The following notices of the Earl of Moray in his capacity of Sheriff 
have been found. On 9th January, 1534-5, an Instrument of Sasine in 

I Erroll Charter Chest. 2 Keg. Sec. Sig., Vol. IX., p. 72. 3 Ibid. 

4 Exch. Rolls, Vol. XV., p. 602. 5 Ant. A. & ., III., p. 307. 

6 Reg. Sec. Sig., Vol. IX., p. 72. 

424 



Officials: Sheriffs 

favor of Alexander Leslie of Petcapil, proceeds on a precept " a potenti 
domino lacobo Styvart Comite Murrauie ac Vicecomite Aberdonensi," 1 
and again, in a dispute twixt Alex. Hay of Delgattie on the one part, 
and Alex. Forbes of Brux and others portioners of the Lands of Udacht, 
called Quarrelhill of Delgattie, on the other part, about marches, decree 
was pronounced on i6th October, 1539, by Alexander Guthrie, alias 
Faulkland, " Shirreff deput appointed by James Earl of Moray Vice- 
comes Principalis Vicecomitatus de Aberdene." 2 

1541. DAVID, 8th EARL OF CRAWFORD. 

The only evidence of this Earl's actual possession of the office, which 
has been found, is the statement that he resigned it,3 for, although the 
Earls of Crawford had a certain reversionary interest in the Sheriffship 
down to this date, and Earl David's consent was deemed necessary to the 
new grant, the real connection of the Lindsays with the office took end, 
as has been already shown, in 1510. It is quite true that in July, 1538, 
he had a letter of Regress to the office, 4 but this may have been merely 
a step taken to enable him the better to deal with its redemption and 
resignation. The terms of the letter of Regress are not, however, en- 
grossed in the Privy Seal Register. Certain it is that more than a year 
after this letter, the Earl of Moray, as has been seen, was acting as 
Sheriff in right of his gift of the wardship of the office. 

1 540(1)- 1 562. GEORGE, 4th EARL OF HUNTLY. 

After the obscurity surrounding the immediately preceding decade we 
now reach surer ground. Under date 3rd March, 1540 (i), the following 
entry appears in the Register of the Great Seal, "Rex concessit Georgio 
Comiti de Huntlie, heredibus ejus et assignatis, Officium Vicecomitis de 
Abirdene cum feodis &ca: quod David Com: Craufurdie resignavit."s 

The fourth Earl of Huntly was a very notable man not only locally, 
but in Scottish affairs, and as such, sketches of his life have already been 
given to the reading public and to the members of the Club. Born about 

I Ant. A. &> B., Vol. III., p. 386. 2 Ibid., Vol. II., pp. 358-9. 

3 Reg. Mag. Sig. 4 Reg. Sec. Sig., Vol. XII., p. 7. 5 Reg. Mag. Sig. 

HHH 425 



Aberdeenshire Sheriff Court: 

1514, Sheriff in 1541, Lieutenant of the North in 1543, Provost of Aber- 
deen in the following year, and Chancellor of the Kingdom in 1 546, he 
died at Corrichie in Arms against Queen Mary in 1 562, and the doom of 
forfeiture was pronounced over his dead body in 1563. In this connection 
it may be mentioned that in the time of the next Earl the defence was 
more than once set up in Sheriff Court cases that a pursuer's title was 
bad, in respect it was derived from the Earl of Huntlie, who, at the time 
of granting it, was in "forfaltrie." The second existing Diet Book of the 
Court, 1557-60, bears that Lord Huntly presided in the Sheriff Court on 
several occasions, but ordinarily members of the Leslie and Bisset families 
did the work. Courts were apparently held elsewhere than at Aberdeen, 
and especially in disputes between neighbouring proprietors as to their 
marches. An instance of this occurred in May, 1558, where a Court was 
held " apud Monkishillok." 1 The case is described as " super terras 
debatabiles inter terras de Monkishill et terras de Park et Tifty," and the 
parties were George Gordon of Scheves Knight, proprietor of Monkishill, 
and William Forbes of Tolquhone and William Meldrum of Fyvie. The 
Earl of Huntly sat as Sheriff, along with William Leslie, who was a stated 
depute, and three local men appointed apparently for the day. The 
suitor, whose name was Gordon, was successful. Perhaps he had right on 
his side. Who knows ? In any case the Deputes would not be likely to 
differ from the Sheriff principal, for in another case about the same period, 
where the latter was not present, the record bears that " the said Shref 
deput beand riply and at lynth awisit with the said exceptionis delator, 
and at the comand of ane writin of the Shref principallis subscrivit with 
his awin hand, repellit all the exceptionis," &c., &c. 2 

The Sheriffs will was undoubtedly in those days the law of the 
County, but, to judge from the terms of some of the advocations of the 
time, it was not always regarded as the embodiment of justice. 

1563-7. WILLIAM LESLIE OF BALQUHAIN (9th BARON). 

During the latter half of the i6th Century a considerable part of the 
work of the Sheriff Court of Aberdeen was performed by the family of 
Leslie, and three Barons of Balquhain in succession took part. There is 
evidence that John the eighth Baron was principal Sheriff-depute under 

I Supra, p. 173. 2 Supra, p. 131. 
426 



Officials: Sheriffs 

George, 4th Earl of Huntly, and it appears that William his successor 
holding the same office, acted as Sheriff during the period of the for- 
feiture of the Huntly Family after Corrichie. What the nature of his 
interim appointment or commission was, or whether he merely stepped 
temporarily into the vacant office without formal appointment has not 
been discovered: but " William Lesly of Balquhain, Sheriff of Aberdeen," 
appears as the Granter of a Precept of arrestment obtained at the 
instance of the Principal and sub-principal of the College of Aberdeen, 
&c., &c., against John Robertson dwelling in the Gallowgate in November, 
1 563.' Again, although the Diet Book for the period has been lost he 
appears to have sat in Court in Aberdeen as Vicecomes on I2th January, 
1564(5), in an action anent the Multures at the Myln of Fintray. 2 

He was a loyal subject of Queen Mary, who stopped at his house 
when visiting the County, and at the meeting of the Privy Council in 
Aberdeen in October, 1562, he was one of those local proprietors who 
were called upon to resist George Erie of Huntlie and his following, and 
if necessary " to persew thame to the deid and fecht thame in plane 
battell."3 Then came Corrichie and the temporary eclipse of the Huntly 
family, but later, on I4th February, 1567(8) we find the Privy Council 
addressing their mandates to George Erie of Huntlie " Sheref Principal! 
of Abirdene, William Leslie of Balquhane Sheref Depute thairof and 
utheris deputtis of the saymen."4 

The particular mandate here referred to, was with reference to the 
sale, under the authority of the Privy Council, of the lead from the roofs 
of the Cathedral of Aberdeen and Elgin for the purpose of assisting to 
defray the charges of the royal troops. 

Leslie was one of those who in February, 1 568-9, had commission to 
band themselves together for resistance to the Earl of Huntly who, in the 
whirligig of those times, was once more in opposition to the governments 

1567-76. GEORGE, sth EARL OF HUNTLY 

was the second son of the 4th Earl but became Lord Gordon on the death 
of his elder brother, Alexander, in 1552. He married Anna Hamilton, 
third daughter of the Duke of Chatelherault, and was living with his 

l C/iartulary of St. Nicholas, II., p. 309. 2 Ant. A. & B., III., p. 424. 

3 Reg. Privy Council, I., p. 223. 4 Ibid, I., p. 609. 5 Ibid, p. 645. 

427 



Aberdeenshire Sheriff Court : 

wife's friends when the rebellion, which ended in his father's death at 
Corrichie, took place. He was, however, included in the forfeiture already 
referred to, and was tried and convicted of treason. The recal of that 
forfeiture which was proclaimed in August and October, 1565, was con- 
firmed by Parliament in 1567, and the Earl was thus restored to his 
Estates, Titles and Dignities, and among them to the Sheriffship of Aber- 
deen. There is evidence both in the 2nd and 3rd volumes of the existing 
Diet Books of Court and elsewhere of his acting as Sheriff-depute in his 
father's lifetime, and as Sheriff after his father's death. As a depute to 
his father he sat along with John Leslie of Bolquhane, William Leslie of 
Kirkhill, Michael Menzies and George Bissat on i/th February, 1557(8), 
in proceedings anent her terce at the instance of Beatrix Dunbar, widow 
of Johne Straquhyne of Lenturk against John Straquhyne formerly of 
Thorntoun then of Lenturk, when the case was continued to a Court "to 
be haldin in Auld Aberdene in the Bischopis Hall of the same." 1 As 
Sheriff he presided at the service of Walter Urquhart, Sheriff of Cromarty, 
to his father, Alexander Urquhart, Sheriff of Cromarty, in the Lands and 
Barony of Fischerie on 29th November, 1575.* 

A few months before this, however, the trial of the Earl's own Brieve 
or Brieves of Service as heir to his father in his Lands and Superiorities 
in Aberdeenshire, came before Sheriffs specially constituted by Com- 
mission under the Great Seal, some portion of the record of which has 
already been given.s 

On I7th July, 1576, Lord Huntly was personally present in Court 
with Mr. William Davidson his procurator, when his action against the 
Forbes family and others for removing from the Regality lands in Keig 
and Monymusk was called and advocated.4 

This was his last appearance in his own Court, so far as has been 
ascertained. He died very suddenly at Strathbogie in the following 
October. 

1576-81. JOHN LESLIE OF BALQUHAIN (icth BARON). 

During the minority of the 6th Earl of Huntly, Leslie had the ward- 
ship of the office of Sheriff. The letter of gift to him was dated 2ist 

I Supra, pp. 125 and 177. 2 Supra, p. 234. 3 Supra, pp. 282, et seq. 

4 Supra, pp. 248 and 278 et seq. 

428 



Officials : Sheriffs 

March, I576-7. 1 An entry in the Exchequer Rolls bears that he rendered 
accounts as wardator for six years beginning November, I574- 2 Two of 
these, however, would be the last two years of the 5th Earl of Huntly's 
life. We have evidence of his sitting in Court during the period of his 
wardship once at least, namely on I2th January, 1579-80, at the Special 
Service of Robert Innes of Invermarkie.3 

1581-1594. GEORGE, 6th EARL AND ist MARQUESS OF HUNTLY. 
1597-1600. 

When his father died in 1576, the son was in minority, about fifteen 
or sixteen years of age, and therefore could not act as Sheriff, John Leslie, 
loth Baron of Balquhain, as we have seen, acting as Vicecomes warda- 
tarius. As evidenced by the Diet Book, the Earl presided at the 
Michaelmas Head Court in Aberdeen in 15844; but if the books for the 
.period between 1581 and 1584 had been extant they might have shown 
earlier sittings. Like his father he got into trouble with the Crown and 
was forfeited in 1 594 after the fight at Glenlivat. The most interesting 
part of his history in connection with the Sheriffship however, dates from 
the 1 7th century, and does not fall within the scope of this volume. 

1 594-7- JOHN LESLIE OF BALQUHAIN (loth BARON.) 

There is clear evidence in Volume V. of the Diet Books that during 
the forfeiture of the 6th Earl of Huntlie, 1 594-7, this laird of Balquhain 
again exercised the office of Sheriff Principals The public records of 
the time do not seem to contain any grant or gift of the office, which 
probably was held to be carried by his appointment as deputy lieutenant 
under the Duke of Lennox. 6 

His proceedings in dispossessing one Sheriff Clerk and appointing 
others (the appointment being really a Crown appointment) taken to- 
gether with the numerous references to him which occur in the records of 
the Privy Council, show him to have been a strong and masterful man, 
neither slow to assume authority nor afraid to exercise it. 

I Keg. Sic. Sig., Vol. XLIV., fol. 37. 2 Exch. Rolls, Vol. XXL, p. 103. 

3 Ant. A. &> ., Vol. III., p. 35. 4 Supra, p. 309. 5 Supra, p. 367. 

6 Supra, p. 370. 

429 



The Sheriffs-Depute. 

1 348-73- PHILIP OF DUMBRECK. 

Dumbreck is in the Parish of Udny, and this Philip was apparently 
the first proprietor who is known to genealogists. According to the 
Rev. Dr. Temple, who follows Stodart, Philip de Dumbreck was Sheriff- 
depute in I348. 1 He undoubtedly rendered accounts in Exchequer as 
locum tenens along with William of Meldrum, a former Sheriff, for the 
years 1348-58.2 Presumably it is the same laird who in 1369-70 
and in 1373 rendered accounts in Exchequer as locum tenens to Sir 
Alexander Eraser, the Sheriff at that time.3 

1374. SIR JOHN OF FORBES. 

The Exchequer Rolls bear that John of Forbes rendered accounts 
in March, 1373-4 on behalf of the Sheriff, Sir Alexander Eraser of 
Philorth.4 He had a Charter of the lands of Edinbanchory and Craig- 
logy by Thomas, Earl of Mar, confirmed to him by David II. in 1364, 
and in a Charter of these lands he is designated Knight.s He seems 
to have greatly served the Church at a distance, while he quarrelled with 
it at his own door. In 1378 Alexander, Bishop of Moray, with consent 
of the Chapter, grants him the lands of Fyrossy on the south bank of 
the Loch of Spynie for his faithful and useful services and personal 
assistance in their affairs. 6 On the other hand, he had great disputes 
with Bishop Adam of Tyningham as to land rights in the Parish of 
Forbes and Kearn, which were composed by arbitration in 1391 after the 
Bishop's death, the Sheriff, Sir Alexander Fraser, being one of the 
arbiters.? According to Douglas, he died in I4O5. 8 

1383-92. THOMAS NORY. 

The name of this Sheriff-depute occurs frequently in documents of 
the period, but beyond the fact that he held this office and that he was 

I Tha.nagc of Fermarlyn, p. 467. 2 Exch. Rolls, I., pp. 542, et $eq. 

3 Ibid., II., p. 333. 4 Exch. Rolls, II., p. 426. 

5 Ant. A. & B., IV., pp. 373-4 and note. 6 Ibid., pp. 374-5. 

7 Ibid, pp. 378, et seq. 8 Douglas Peer. , I. , p. 589. 

43 



Officials : Sheriffs-Depute 

owner of Coquhorny in Tullynessle, little has been ascertained regarding 
his status. It is at the same time obvious that he was a person of some 
weight, and trusted in affairs. The earliest mention of Thomas Nory 
which has been found, is in 1357 in a Charter of Balnacraig in favour of 
Robert de Camera, to which he was a witness. 1 In August, 1360, 
Alexander, Bishop of Aberdeen, granted a Charter to Nory of the lands 
of Coquhorny for payment of loos, sterling per annum, and attendance 
three times a year at the head courts at Rane. 2 The narrative of the 
resignation of the lands by David Brown, son and heir of the late Sir 
John Brown, Knight, and great-grandson of the original vassal, Adam 
Brown, who was killed at the Battle of Falkirk, bears that he gave up 
the lands after consultation with his friends, because he was unable or 
unfit (impotens) to pay the duty or perform the services which were a 
condition of the grant. It also bears that Nory was related to him. 

In a court held by Adam, Bishop of Aberdeen, on 4th October, 
I38i,"apud montem capelle beati Thome Martiris juxta canoniam de 
Aberdon " for the exhibition of the Charters of tenants claiming to hold 
of the Bishop, Nory attended, and granted an obligation to appear and 
show his title when required upon fifteen days' warning.3 

The earliest mention of Nory as a Sheriff-depute is in the record of 
a court of the Bishop held at Rane on 9th March, 1382-3. This court 
was a sequel to another, held in the Bishop's chamber in Old Aberdeen 
on 6th February preceding, at which Robert Stewart, Earl of Fife and 
Menteith, second son of Robert II. and Chamberlain of the Kingdom, 
was present, together with many other magnates. The court in Old 
Aberdeen was held in connection with the excommunication which had 
been pronounced against the tenants of Fermartyne holding of Sir James 
Lindsay, Lord of Crawford and Fermartyne, for non-payment of the 
second tenths to the Bishop. At the second court at Rane, abso- 
lution was given on satisfaction being made by John de Camera, the 
baillie and receiver of the rents of Fermartyne.4 

Nory was one of the amicable compositors in 1387 in the dispute 
between the Bishop and John of Forbes regarding the lands of Lurgyn- 
daspok.5 

I Ant. A. & B., III., p. 93, and note. 2 Keg. Episc. Aid., I., pp. 87-89. 
3 Ibid., p. 135. 4 Ibid., pp. 163^*7. 5 Ibid., pp. 176-7. 

43 1 



Aberdeenshire Sheriff Court : 

He was also one of those who appended their seals to a Charter by 
John de Boneville to John Eraser of Forglen on gth October, I388. 1 

In February, 1388-9, he rendered accounts for the preceding terms 
as locum tenens for the Sheriff, and is mentioned again in the accounts 
in I39I-2. 2 He is also designed as Sheriff-depute in a grant of part of 
the lands of Auchlowne and others in the Barony of King Edward in 
May, 1390.3 

Nory's death appears to have taken place in 1399. His son, 
Thomas, was served heir before Gilbert, Bishop of Aberdeen, at an 
inquest held in Old Aberdeen on 1st April, 1400.4 

1405-6. ALEXANDER STEWART, EARL OF MAR. 

Sir Alexander Stewart was the eldest natural son of Alexander 
Stewart, one of the sons of Robert II., perhaps best known in history 
and in fiction as the " Wolf of Badenoch." The only direct authority 
which the editor has found for placing him in this list is a Letter of 
Acknowledgment which he granted to Sir John of Forbes on 2nd 
January, 1405-6. In it he is designed Lord of Mar and of the Garioch, 
and " Substitutus vicecomes de Abirden."s The fact however seems to 
be generally accepted, and in Mr. Watt's History of Aberdeen and 
Banff it is distinctly stated that he was appointed Sheriff of Aberdeen- 
shire. 6 It will be seen from what has been said in the notes upon 
David, ist Earl of Crawford, that it is assumed that, during the many 
absences of the latter, the Earl of Mar acted as his substitute. It is of 
course possible that the grant to the Lindsays was later than this, and 
that the Earl of Mar acted as locum tenens for some Sheriff, whose 
name has not come down to us. In any case, he seems to have been 
looked up to by this time as the County leader, and as a special pro- 
tector of the town of Aberdeen. From being little better than a leader 
of Caterans, he became in a few short years the chosen leader of the 
chivalry of the north-east against the Highland host of Donald, Lord of 
the Isles. Anything so strikingly picturesque as his wedding with the 

I Ant. A. & B., IV., p. 381. 2 Exch. Rolls, III., pp. 217, 268. 

3 Ant. A. <Sr> B., III., p. 93, note. 4 Keg. Episc. Abd., I., p. 217. 

5 Ant. A. &f B., IV., p. 170. 6 Mr. Watt's History of Aberdeen and Banff, p. So. 

43 2 



Officials: Sheriffs-Depute 

Countess Isabel, the widowed Lady of Kildrummy, and the circum- 
stances surrounding it, both before and after, it is difficult to find a 
parallel to ; but the story has been often and well told, and need not be 
repeated. He was styled Admiral of the Realm of Scotland in 1423,' 
and died in 1435. 

1430. SIR ANDREW STEWART 

was also a son of the " Wolf of Badenoch," and a younger brother of 
the Earl of Mar. His name appears of this date in the service of 
David de Bosvil to an annual rent of 20 from lands in Belhelvie, in 
which he is styled " Vicecomes locum tenens de Abirden." 2 He acted 
as a witness at Kildrummy Castle in 1424 to a Charter of Mekylwardris, 
granted by his brother, the Earl of Mar, to Alexander de Setoun de 
Gordoun.3 In 1433 the Earl appointed him his baillie to give Sasine to 
William Leslie of Balchane, of the lands of Selby and Lochtillok.4 In 
his history of Moray (1775), Mr. Shaw, in describing the parish of 
Inveraven, states that Alexander Stewart, fourth son of Robert II., 
having no legitimate issue, gave the lands of Strathaven to his bastard 
son, Sir Andrew.s From his brother, the Earl of Mar, he had the lands 
of Sandhalch in Banff, and Culquhorsy in Mar, of which he had Crown 
Charter of Confirmation in March, 1410-1 1. 6 In these he was succeeded 
by his son, Alexander, who was, in a court held at Kildrummy on 2nd 
May, 1435, served heir to him.7 

1432-48. SIR ALEXANDER OF FORBES, ist LORD FORHES. 

Alexander, 2nd Earl of Crawford, with consent of his son and heir, 
Sir David Lindsay, afterwards the 3rd Earl, let the office of Sheriff- 
depute to Sir Alexander, in 1432, for life, the rent or consideration therefor 
being 10 Scots per annum, reserving right to the Earl and his son to . 
exercise the office when in the Sheriffdom. This transaction was con- 
firmed by King James II. in January, 1447-8, by Charter under the 
Great Seal, in which Sir Alexander is styled Lord Forbes. 8 There are 

1 Ant. A. & B., IV., p. 183. 

2 Archives of Kings College, and Ant. A. & B., III., p. 334. 

3 Ant. A. & B., I., p. 555. .4 Ibid., p. 541. 5 Ibid., II., pp. 295-6. 

6 Keg. Mag. Sig. ^ Ant. A. &> B., III., pp. 582-3. 8 Ibid., IV., p., 393. 

"i 433 



Aberdeenshire Sheriff Court t 

besides various references to him as Sheriff-depute in the Exchequer 
Rolls* In 1435 he agreed to assist Lord Erskyn in his endeavour 
to obtain himself served heir to the Earldom of Mar, Lord Erskyn 
promising him in return certain lands if he were successful. 2 In 1438 
he sat as Sheriff-depute when Lord Erskyn was served as heir to the 
Earldom of Mar, the verdict on that occasion being, however, overturned 
as erroneous in 1457.3 Sir Alexander was a witness on 4th January, 
1440-1, to a Conveyance of Knavane, New Deer, to Alexr. Cullane, 
burgess of Aberdeen.4 On 22nd October, 1448, he sat in the Court at 
Aberdeen at the taking of Instruments by Gilbert Menzies anent the 
redemption of Pitfoddels, being then designed "Nobilis et potens 
dominus Alexander de Forbes ac deputatus Vicecomes de Abirden."5 
According to Douglas, he died that same year. 

Before 1455. JAMES SKENE OF SKENE. 

We find, from the Memorials of the Family of Skene of Skene, that 
this James Skene, reputed to be the sixth in descent, flourished I4ii-6i. 6 
There is no mention in the volume referred to of his having been a 
Sheriff-depute. It would appear however, from a note by the King's 
Chamberlain 'twixt Dee and Spey as to the lands of Soynahard in 
Towie, that before 1455 he had acted in that capacity.7 

1453-60. ALEXANDER DOUGLAS. 

We find an Alexander Douglas, burgess of Aberdeen, as a witness 
to an act of the Sheriff Court in I45O, 8 and that in 1446-7 one Walter 
Mudy was admitted a burgess at the instance of Alexander de Douglas.9 
Presumably these and the Alexander Douglas, who was afterwards 
Sheriff-depute, were one and the same person. The Exchequer Rolls 
bear that David, Earl of Crawford, rendered accounts for 1453-6 per 

1 Exch, Rolls, V., pp. 71, 94, 135, 170, 204, 256. 

2 Ant. A. & B., IV., pp. 188-9 an( l note. 3 Ibid., pp. 205-13. 
4 Ibid., p. 49. 5 Ibid., III., pp. 269-70. 

6 Memorials of Family of Skene, pp. 15, et seq. 

7 Ant. A. & B., IV., pp. 204-5. 8 Ibid., III., p. 8. 
9 Misc. New Sf aiding Club, p. 1 1 . 

434 



Officials: Sheriffs-Depute 

Alexander Douglas "ejus deputatum." 1 He appears next as Sheriff- 
depute in connection with the prolonged litigation between the Skenes 
and Keiths, both claiming the lands of Easter Skene, Leddach, Kirktoune 
of Skene, Millboy, etc. Accounts of this are given in the Memorials of 
the Family of Skene, 2 and in the Antiquities and Collections of the 
Old Spalding Club? and in particular he sat in Court in Aberdeen on 
2 1st February, 1456-7.4 As Sheriff-depute he gave sasine to Alexander 
Irvyn de Drum in the lands of Drum in 1457,5 and to William Sinclair, 
son and apparent heir of William Earl of Orkney and Caithness, 
and spouse in the lands and barony of Newburgh in I46o. 6 He was 
also a witness in 1458 to a grant of 403. out of the lands of Rothe- 
birsbane7 



1466-71. JOHN OGSTON OF THE CRAGS. 

Some account of this Sheriff-depute is given in the history of the 
Ogston Families and supplement thereto (privately printed, 1876 and 
1897), but the documentary and official sources of our information may 
be mentioned. In the Sasine, 25th June, 1466, following upon the 
conveyance of the lands of Cruives by John Bannerman of Alesike 
(Elsick) to the Town of Aberdeen, the precept was presented by David 
Duncansone, one of the Mairs of Fee appointed by John Ogston, Sheriff- 
depute of Aberdeen. 8 Again, on I4th August, 1467, John de Ogstoune, 
Vicecomes deputatus de Abirdene, is one of the witnesses to a Charter 
of the lands of Ury in Kincardincshire by Nicholas Earl of Errol to his 
uncle, Mr. Gilbert Hay.9 In 1469 Ogston presided in the Court at 
Aberdeen, when proceedings were taken regarding the marches between 
the lands of Tarves and Udny. 10 Further, David, Earl of Crawford, 
renders accounts in Exchequer, 1469-71, "per Johannem de Ogstoune 
et Alexandrum Irvyne de Drum ejus deputatos." In a precept of Sasine 
of the lands of Ardendracht, the date of which has been lost, but which 
Dr. Joseph Robertson placed between documents of 1388 and 14.14., 

I Exch. Rolls, V., p. 654. 2 Pages 17, et sty. 3 Ant. A. &> B., III., pp. 318, et seq. 
4 Ibid., I., p. 281. 5 Ibid., III., p. 297. 6 Ibid., p. 97. ^ Ibid., II., p. 327. 
8 Chartulary of St. Nicholas (Dr. James Cooper), II., p. 7. 9 Keg. Mag. Sig. 
10 Reg. Nigr. Abeibr., p. 159. II Exch. Rolls, VIII., p. 50. 
12 Ant. A. & B., I., p. 380. 

435 



Aberdeenshire Sheriff Court: 

reference is made to an inquest previously held by John Ogston as 
Sheriff-depute. It would appear, from what is known of his tenure of 
office, that the precept in question must have been issued long after 1414. 

1469-72. ALEXANDER IRWIN OF THE DRUM. 

The immediately preceding entry proves that he was a Sheriff- 
depute at this time, and the following Act of the Lords Auditors, dated 
2Oth February, 1431-2, explains how he came to lose his office : 

" In the actioun & cans of summonds movit be Walter Lindesay of 
Bewfort aganis Alexander Irwin of the Drum for convocatioun & 
gaddering of our souerane lords liegis to the noumber of Ix of personys 
in fere of were of men of armys with bowis & uthir fensable wapponis 
on horss & fute & be cummyng upon the said Walter undir silence of 
nycht quhare he wcs in his bed at mydnycht & socht the houss that he 
lay in for the invading of him in breking of the Acts of Parliament & 
in evil example to utheris to commyt sic trespassis the said Alexander 
beand summond lauchfully to compere personaly & comperit bot be his 
procuratouris the allegations of baith the pairtiis herd & understandit 
The lords decretis & deliuiris that for the grete lichtlying contemptioune 
done to our souerane lord in the foresaid thingis that thairfor he enter 
his persone in warde within the Castel of Berwic within xv dais eftir 
the warnyng thair to remayn on his awin expenss quhil he be fred be 
our souerane lord And atour forsamekle as he is Shref depute of 
Aberdene & has gadderit the kingis liegis undir silens of nycht as said 
is that thairfor he be depriuit for euir fra the office of depute Shreffchip 
Si that he neuir in tyme cummyng minister in the samyn eftir the tenour 
of the act of parliament specially maid upoun Shreffis And at letters 
be writin to the Shref of Aberdene to discharge the said Alexander of 
the said office As he will ansuer to our souerane lord And at the said 
Alexander be distrenzeit for four markis for the said Walteris expensis 
in the folowing of the said mater & at letters be writin to distrenze him 
for xl sh of unlaw." x 

It would appear that this was not the only act of violence in which 
he took a leading part, for he had a royal remission in 1487 for the 
slaughter, at the Brig of Balgowny, of Alexander Eraser (apparently of 

I Acta Dominomm, p. 20. 

43 6 



Officials: Sheriffs-Depute 

the family of Philorth) and George Tailzour, and for the dismembration 
and mutilation at his place of Drum of Sir Edward Mackdowell, 
chaplain. 1 

Whether he was at any time before his death restored to office, is 
not altogether clear; but so late as 26th July, 1488, Ross of Auchlossin 
was ordained by the Lords to relieve Irvine of 50, for which the latter 
had become bound for the former, " the tyme he wes Schiref of Aber- 
dene." 2 

According to the genealogical table in Captain Douglas Wimberly's 
Memorials of four old families, the subject of this notice was the sixth 
laird of Drum. He succeeded his grandfather, Sir Alexander Irvine, 
who died in July 1457, in the lands of Drums and Forglen.4 

He died towards the close of 1593, and shortly before his death 
made provision for David, Alexander, John, and Agnes Irvine, the four 
children begotten between him and the deceased Nannys Menzeis.s 



1477. ALEXANDER LESLIE OF WARDES. 

We find from the List of Burgesses of Aberdeen published in the 
Miscellany of the New Sf aiding Club, that on 3oth April of this year 
Alexander Lesly of Wardes, Receiver General and Deputy Sheriff of 
Aberdeen was admitted a Burgess. 6 No other authority has been found 
for placing him on the list of Sheriff deputes. The title of Receiver 
General might have been conferred on him in consequence of his holding 
that office for the Barony of Kingedward from John, Lord of the Isles.7 
That would not, however, explain the designation of Deputy Sheriff, and 
it must be assumed that when he used that term, the Town Clerk of 
Aberdeen was correctly recording a well-known fact. 

Alexander Leslie had a grant of the lands of the thanage of Kintore 
on 3Oth September, I473. 8 

1 Ant. A. & B., III., pp. 298-9. This misused chaplain, McDowell, had acted as Pro- 
curator for his patron in the proceedings before the Lords, at the instance of Lindsay of Bewfort. 

2 Acta Dominorum, pp. 85-6. 3 Ant. A. & B., III., p. 297. 

4 Keg. Nigr. Aberbr., p. 286. 

5 Council Keg. of Abd., and Ant. A,& B., III., pp. 301-2. 

6 Misc. New Sfalding Club, p. 26. ^ Ant. A. & B., I., pp. 485-6-7. 8 Reg. Mag. Sig. 

437 



Aberdeenshire Sheriff Court: 

1494-7. ALEXANDER IRWIN OF DRUM. 

This laird of Drum was served heir to his father in 1494,' and must 
have been appointed to the office of Sheriff-depute soon after, for he 
presided at the service of William Keith as heir to his father, Sir Gilbert 
Keith of Inverugy, in the Sheriff Court at Aberdeen on 28th April, 
1495. 2 It is not clear for what period he continued to hold office, but on 
28th July, 1501, having then ceased to do so, he renders accounts for 
payments made by him out of the arrears due on his account for I497- 3 

On I3th December, 1494, Alexander Irvine and Marioun Forbes, his 
mother, were ordained by the Lords Auditors to remove from Wester 
Tulbowry, in Kincardineshire.4 

There was, and probably still